atlgirl3929
New Member
Before I begin: I'm not out to get my retirement out of a corporation, or to sue for silly reasons. good advice would be appreciated.
My car is a 2002 2.5 Altima. It's had numerous recalls involving components of its exhaust system, one of which ultimately was deemed to affect the engine. In late 2004, I took my car to a dealer who 'fixed' several of the recalls listed. Keep in mind, the parts in question, the catalytic converter and pre-catalytic converter, are designed to last over 100,000 miles and under Federally mandated warranty for 80,000.
A year ago, my check engine light came on. My car was under its extended warranty, and under 80,000 miles. They told me it was a loose gas cap and sent me on my way.
Six months ago, I failed an emissions inspection, to my surprise. I took the car to Nissan, who charged me $85 to 'diagnose' my vehicle and told me it was the Catalytic converter that needed replacing. My car at this point was outside Federal Warranty obligations, so they told me it would be $1200 to fix. I asked why it failed and explained I'd had the recalls pertaining to the catalytic converter performed at another dealer, which should mean, basically (according to mechanics I've asked), there's no way this part should have failed already. They said they had no record of what other dealers did, basically told me I was out of luck.
Not trusting Nissan farther than I could throw them at this point, I took my car to my local mechanic and had the catalytic converter replaced for half the cost. The light came on again. Turns out, it was my pre-catalytic converter, NOT the catalytic converter that was faulty. Now, I was angry. The recalls were specifically on the parts and problems that I ended up having on my car. If the recall was performed, why were they occuring?
I called Nissan North America and was told a number of run-arounds. First that they had 'no record' of what had actually been done to my car to repair the previous recalls, second that I'd have to go in to the dealer and get the car diagnosed by "a nissan mechanic" (and pay a fee, no doubt) in order for them to consider reimbursing me for the parts. One tech even attempted to read aloud the recalls to me and then told me, in all seriousness, that the pre-catalytic converter was not related to the exhaust system. (For those who aren't into cars, it basically *is* the exhaust system).
Discouraged and convinced Nissan would not help me as it was not in their financial interest, I went ahead and had the pre-catalytic converter replaced as well at my shop. Sorry to make this wordy, but so everyone understands - the specific issue with the part Nissan issued recalls on, the pre-catalytic converter, was that there was a design flaw. The part was made so poorly it had a tendency to literally fall apart, then suck the tiny shards of metal back up into the engine somehow. A loose screw used only compounded the problem. This is all according to public recall notices.
After $2500 in repairs, I was upset, but relieved I no longer had to miss work and my car would pass inspection.
Three weeks later, my engine died. A screw in the third cylinder compounded with metal fragments in the oil had blown out the engine, just as the recall notice from Nissan had warned. The mechanic who replaced my engine said he sees hundreds of cars like mine, with the same problem. The metal fragments in oil could only of gotten there from the part falling apart. And there's really no logical explanation that "normal wear and tear" could have caused these parts to fail.
So, I want to take Nissan to small claims court. Not the dealers, because while they were contributing to the problem, they themselves are not solely at fault. I know they have attorneys, but the dealerships themselves were following the advice/direction of corporate. One dealership is not solely responsible; the company itself is allowing cars that are defective and unsafe to be on the road to avoid it hitting their bottom line. I contacted corporate on 3 separate occasions attempting to find someone to help me, faxed over my copies of forms, slips, etc, and received not even an apology, just a phone call basically telling me I was out of luck. Assigned me a case number, and prayed I'd shut up and go away.
Nissan knows about this problem. Do a google search and you'll find hundreds of people who went through what I did with the 2002 2.5 Altima. In my case, of course, it was too late, and my engine was already ruined. It's only a matter of time before a class action lawsuit is formed, in my opinion.
I want to take Nissan through their registered agent to small claims court and ask for them to pay for the damages done to my car ($6500) due to their admittedly faulty parts, inability or refusal to tell me what precisely was done to correct the recall on my car, and the damages I incurred as a result of being sold a knowingly faulty product.
My question is; am I just insane to think of doing this? I am a late 20s professional female, and I feel this corporation took advantage of me and is banking on the fact that I won't be able to do anything about it. Thing is, they may be right.
Does anyone have any experience with small claims? Do I have a chance, or will the corporate lawyers just blow me out of the water without a leg to stand on?
I've hopefully thought a demand letter might solve it, but then again? I'm sure they know what a pain it is to go to small claims, and could easily tell me to 'go away'.
My car is a 2002 2.5 Altima. It's had numerous recalls involving components of its exhaust system, one of which ultimately was deemed to affect the engine. In late 2004, I took my car to a dealer who 'fixed' several of the recalls listed. Keep in mind, the parts in question, the catalytic converter and pre-catalytic converter, are designed to last over 100,000 miles and under Federally mandated warranty for 80,000.
A year ago, my check engine light came on. My car was under its extended warranty, and under 80,000 miles. They told me it was a loose gas cap and sent me on my way.
Six months ago, I failed an emissions inspection, to my surprise. I took the car to Nissan, who charged me $85 to 'diagnose' my vehicle and told me it was the Catalytic converter that needed replacing. My car at this point was outside Federal Warranty obligations, so they told me it would be $1200 to fix. I asked why it failed and explained I'd had the recalls pertaining to the catalytic converter performed at another dealer, which should mean, basically (according to mechanics I've asked), there's no way this part should have failed already. They said they had no record of what other dealers did, basically told me I was out of luck.
Not trusting Nissan farther than I could throw them at this point, I took my car to my local mechanic and had the catalytic converter replaced for half the cost. The light came on again. Turns out, it was my pre-catalytic converter, NOT the catalytic converter that was faulty. Now, I was angry. The recalls were specifically on the parts and problems that I ended up having on my car. If the recall was performed, why were they occuring?
I called Nissan North America and was told a number of run-arounds. First that they had 'no record' of what had actually been done to my car to repair the previous recalls, second that I'd have to go in to the dealer and get the car diagnosed by "a nissan mechanic" (and pay a fee, no doubt) in order for them to consider reimbursing me for the parts. One tech even attempted to read aloud the recalls to me and then told me, in all seriousness, that the pre-catalytic converter was not related to the exhaust system. (For those who aren't into cars, it basically *is* the exhaust system).
Discouraged and convinced Nissan would not help me as it was not in their financial interest, I went ahead and had the pre-catalytic converter replaced as well at my shop. Sorry to make this wordy, but so everyone understands - the specific issue with the part Nissan issued recalls on, the pre-catalytic converter, was that there was a design flaw. The part was made so poorly it had a tendency to literally fall apart, then suck the tiny shards of metal back up into the engine somehow. A loose screw used only compounded the problem. This is all according to public recall notices.
After $2500 in repairs, I was upset, but relieved I no longer had to miss work and my car would pass inspection.
Three weeks later, my engine died. A screw in the third cylinder compounded with metal fragments in the oil had blown out the engine, just as the recall notice from Nissan had warned. The mechanic who replaced my engine said he sees hundreds of cars like mine, with the same problem. The metal fragments in oil could only of gotten there from the part falling apart. And there's really no logical explanation that "normal wear and tear" could have caused these parts to fail.
So, I want to take Nissan to small claims court. Not the dealers, because while they were contributing to the problem, they themselves are not solely at fault. I know they have attorneys, but the dealerships themselves were following the advice/direction of corporate. One dealership is not solely responsible; the company itself is allowing cars that are defective and unsafe to be on the road to avoid it hitting their bottom line. I contacted corporate on 3 separate occasions attempting to find someone to help me, faxed over my copies of forms, slips, etc, and received not even an apology, just a phone call basically telling me I was out of luck. Assigned me a case number, and prayed I'd shut up and go away.
Nissan knows about this problem. Do a google search and you'll find hundreds of people who went through what I did with the 2002 2.5 Altima. In my case, of course, it was too late, and my engine was already ruined. It's only a matter of time before a class action lawsuit is formed, in my opinion.
I want to take Nissan through their registered agent to small claims court and ask for them to pay for the damages done to my car ($6500) due to their admittedly faulty parts, inability or refusal to tell me what precisely was done to correct the recall on my car, and the damages I incurred as a result of being sold a knowingly faulty product.
My question is; am I just insane to think of doing this? I am a late 20s professional female, and I feel this corporation took advantage of me and is banking on the fact that I won't be able to do anything about it. Thing is, they may be right.
Does anyone have any experience with small claims? Do I have a chance, or will the corporate lawyers just blow me out of the water without a leg to stand on?
I've hopefully thought a demand letter might solve it, but then again? I'm sure they know what a pain it is to go to small claims, and could easily tell me to 'go away'.
