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need help with the rust recall (long)

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Old 10-20-2004, 06:18 PM
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need help with the rust recall (long)

ok. the first time that I filled my car up after I got it gas started to leak out. when I get gas it will leak out and sometimes it will just leak out all on its own. one time I was on the highway and I had just put 1/4th of a tank of gas in and I drove about 13 miles and the whole 1/4th tank leaked out.

I went to www.nhtsa.dot.gov to see if there were any recalls and to read about issues reported to them about the 3rd gen maximas. first I found out there there was a recall for the gas tank filler neck. it said that over time it will rust through and cause gas to leak out and it can start fires. it also says that rust can come through the wheel housing and rust through where the seat belt bolts to the car.

first I went to nissans website and did a serch to see if my car had already had this recall done. when I did the serch the website didnt ask for a vin and just said that there were no recalls for any nissan maximas between the years of 1989-1994. I called nissan and told them and gave them the vin and they said that my car had not been fixed through the recall. I called my my local nissan dealer and they said that they will fix it for me.

this is when it get really good. I went out to my car to check for the rust in the wheel housing. I saw some so I took out my back seat and I could not beleve what I saw. I dont think that I could even describe how much of metal had completely rusted away and was gone. the steel that my back drivers side seat belt bolts into is totally rusted through! I litterally stuck my finger through the steel and felt the seat belt bolt! I will try and get some pictures of this tomorrow and post them because I cant even try to explain how much steel has totally rusted through!

has anyone else had this problem with their car? will nissan replace all the rusted through spots in the wheel housing and replace the steel that the back seat belts bolt on to? Im just glad that I found this because I dont even know how that seat belt is still attached to that metal. it would have really hurt someone if not killed them if I had an accident!
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Old 10-20-2004, 07:23 PM
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mines fine
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Old 10-20-2004, 07:41 PM
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I had mine done.

Sounds like you're gonna have an easier time with your dealership/Nissan than I did, I felt like I kept getting the run around, probably because I'm 17 and was 16 at the time. They have to replace the fuel filler tube (you should see your gas mileage increase) and the mounting bracket that holds the seatbelt casing...Mine was in the dealership for approximately 2 days while they were actually doing work, but took me about 4.5 months to get it in there. SOUNDS like your case is a lot worse than mine. Good Luck.
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Old 10-20-2004, 08:00 PM
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my wrecked SE had this problem... which I didn't know about till after I flipped the sucker(took the back seat out for parts)... luckily no one was riding with me or else the back passengers would have been in trouble!!!
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Old 10-20-2004, 08:23 PM
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Originally Posted by DMad8724
I had mine done.

Sounds like you're gonna have an easier time with your dealership/Nissan than I did, I felt like I kept getting the run around, probably because I'm 17 and was 16 at the time. They have to replace the fuel filler tube (you should see your gas mileage increase) and the mounting bracket that holds the seatbelt casing...Mine was in the dealership for approximately 2 days while they were actually doing work, but took me about 4.5 months to get it in there. SOUNDS like your case is a lot worse than mine. Good Luck.
I better have an easy time. I told them about the gas leak and the rust and they said that they have to order the gas neck. then I told them about the rust and I asked if they would fix it. they said that they would have to look at the rust. I will not be satisfied until all the spots that have rusted through in the wheel housing and in on the seat belt bolts have been fixed and until they fix the gas leak problem. they dont want to mess with me down there b/c things could get ugly. I will just take out my cell and call the nhtsa while Im still there if they give me any problems.

you said that your car was in the shop for 2 days. did they give you a rental car during the time that your car was in the shop? did they just fix the seat belt rust problem or did they take care of all of the spots that had rusted through?
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Old 10-20-2004, 09:05 PM
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no offense but im 90% sure they arent going to give you a rental car for a recall job on a 15 year old car, sry
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Old 10-20-2004, 09:27 PM
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Originally Posted by Kikcaffine
no offense but im 90% sure they arent going to give you a rental car for a recall job on a 15 year old car, sry

Im sorry I just dont think that what year my car is should determin what type of service I get. a recall is still a recall no matter what year, make, or model my car is. I should get the same treatment and service when dealing with a national recall as someone with a brand new car would get with a recall.
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Old 10-20-2004, 10:11 PM
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I dont have the probelm yet (i hope) because no gas is leaking, and my gas tank is still pressurized ( i hear the shhhhhhhhhhh when I take the cap off), but I called nissan and they said my car has not been fixed yet, and to go to the local dealer. This was about 2 months ago. I still havent gone, I dont know if I should go unless something happens..what u guys think..

I also asked the nissan recall representative about getting a rental car, and he told me that they dont give rental cars for recalls, regardless of year.
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Old 10-20-2004, 10:25 PM
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The only problem you might run into is when they see the rust and the scope of the damage, they might just want to buy the car off of you. In other words, the rust (and cost to fix it) might total out your car. Then, you might be in a fight to get fair market value for a car that is 16 model years old.

As for the loaner car, I don't think they are required to give you one. It depends on the wording of the recall. I know on the lifetime warranty for seatbelts, it says right in the owner's manual that the local dealership isn't responsible for rental/loaner cars.
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Old 10-21-2004, 06:54 AM
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Both of my Max's had this same problem. I just fixed it myself cause I didn't even want the hassel of trying to deal with the stealership - and in all honesty, I didn't think they should have to deal with it on a car this old. Both my cars were pretty extensive in terms of rust and everything I read here said that the stealership would either try to buy my car for next to nuthin, or simply tell me to get lost. Chances are they'll happily fix the filler neck and possibly fix the seatbelt mount, but will tell you to take it to a body shop for the rest of the rust repair.

Oh....., and I for one COMPLETELY believe you when you say there was a lot of rust...
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Old 01-20-2005, 05:30 AM
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well heres where Im at now. I have the filler neck replaced. they said that they had to have someone come down and look at my car before they could do any recall on the rust. well before they got someone to look at my car I ended up moving out of state.

when I went to the new nissan dealer is showed up as the recall has been done. well I got on the phone that day and within a week that has been all taken care of and they know that the recall has not been fully completed

I have been talking with the head of consumer affairs at nissan HQ. now the trouble that I am having is this. they say that b/c of the rust that they have to replace whole body panels at a time. the new body panels come from nissan pr-fabed. now what they are saying is that they will do the recall BUT if any body panels have rusted away beyond what the new pre-fabed body panels will cover then I will have to pay for the repair past that.

they said that they cannot do the recall unless I pay to get any rust beyond the "kit" fixed. keep in mind that the rust beyond the "kit" is because of the rusted away parts covered in the recall.

another thing that is funny is that my car has to go to a nissan dealer that has a body shop to complete this recall. well no nissan body shops will touch my car. nissan is trying to send me out to a 3rd party body shop to have them look at my car and give me an estimate on what this is going to cost ME. then nissan is trying to tell me that I am going to have to pay for this estimate. I took care of that very fast so thats not a problem anymore.

after I found all of this out I called NHTSA or whatever its called and they told me that there will NEVER be any out of pocket expenses to me to complete any recall.

what I am going to do is wait and get this estimate and then contact NHTSA and give them the quote and tell them that this is what nissan is trying to make me pay to complete a recall. then they will open up an investigation on nissan about this.

this has been a very long and hard fight with nissan, but I deserve what is right and fair.


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Old 01-20-2005, 06:08 AM
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Originally Posted by maximaboi
well heres where Im at now. ...

this has been a very long and hard fight with nissan, but I deserve what is right and fair.
Very few people are willing such fight. Just dont burn u fuses, not worth it... But. If nobody ever did what u do, they would never be held responsible on that rotten design con struction: its been already on the earlier model: been welding cause no global commitment by nissan...

Here no NTSHA, juts gvmt laughing to stupido taxed drivers, planning more regulations to taxpayers and robbin em more...

My current car has 'no salt' yet on it, all winters slept in garage. Thereby added into the rear wheel well mudguard shields which limits salt/mud to hit the blk hole rust nest u talkabout. Well oil sprayed all around now, will clear out every year the accumulated gravel... I think oil is best of all rust off additives: it is living. On hot days it wants to spread due to heat, and thus 'refills' any cracks chassis part where bending has started rust. The doors exhibit this (also nuisance) feature best: after hot summer days, 2yrs ago done done oil spray creeps from down under froming a dust gathering film on edging up from lower edge abour 2" width. Well, will not rust at least...
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Old 01-20-2005, 01:43 PM
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What the heck did you just say?! i cant not follow that at all
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Old 01-20-2005, 02:21 PM
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your title says 'need help' yet its a big ole story. So what do you need us to do? I think i will call nissan to find out if mine has been done.

Ive got your back when it comes time to get us all fixed up.
You have a point on getting a car fixed. Doesnt matter how old/new the car is, its a car and a national recall is a national recall. good luck.
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Old 01-20-2005, 03:42 PM
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Originally Posted by tripleGmax
your title says 'need help' yet its a big ole story. So what do you need us to do? I think i will call nissan to find out if mine has been done.

Ive got your back when it comes time to get us all fixed up.
You have a point on getting a car fixed. Doesnt matter how old/new the car is, its a car and a national recall is a national recall. good luck.
has anyone else had this problem with their car? will nissan replace all the rusted through spots in the wheel housing and replace the steel that the back seat belts bolt on to? Im just glad that I found this because I dont even know how that seat belt is still attached to that metal. it would have really hurt someone if not killed them if I had an accident!
thats the help that I was needing. I just wanted to know if anyone has had to deal with this recall before and how it was taken care of. now Im just telling my story to keep everyone updated on the progress.
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Old 01-27-2005, 10:25 AM
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well my cars in the shop today.

GUESS WHAT I FOUND!! lol I was soo happy

if you go to
http://www-odi.nhtsa.dot.gov/cars/pr...callsearch.cfm
where it says campaign number put in 95V244000 the at the bottom click the button that says document search. it brings up everything about this recall. its about 140 pages!

I have only gotten to about page 70 but I have found out that they do have to give me a rental car. look at pages 17 and page 72. thats really nice. I am going to bring this to the guys at the shop and when they tell me that I have to pay X amount to fix it I will show them that it says in the recall that they have to fix it. they were trying to tell me that I was going to have to pay for most of the rust repair to the fender well and I have on here that they have to replace the whole fender well if there is rust with 10mm of the seat belt bolts.

this is the amo that I need. I cant wait to see the look on the guys faces at nissan. I asked if I could have a look at the recall book and they said no so then I went online and found it myself
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Old 01-27-2005, 10:30 AM
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nice, thats cool that youve got smarts to get it done right.

im about to check my vehicle and see if its been done. then ill pull the seats out if it hasnt to see if i got rust.

so they are to cover anything that rusts in there? is that correct?
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Old 01-27-2005, 11:14 AM
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from what I understand they have to replace the whole fender well. they also have to replace anything that has rusted and that could cause your seat belt to break during an accident. what nissan is fighting me right now is that the rust has rusted past the fender well and they want me to pay fo that repair. well from what I understand that they have to replace the fender well and if there is rust past the fender well and they have nothing to weld the new wheel well on to then the also have to fix that rust.
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Old 01-31-2005, 11:33 PM
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Thanks for the info, had mine "inspected" for recall issue by the local stealership. They said they needed to have it for 2-1/2 hours. OK, so I left it and miraculously "oh yeah it leaks fuel at the filler neck and has rust, etc. but we can "assure" you it is not due to the problems addressed in the recall. Probably just a rotten gasket at the filler neck, but we can't really tell without dropping the gas tank (???) It came to them practically empty for that reason...in case that was their excuse...I'm pulling the seat on the next decent day. Don't want to get pissed off all over again on a F-ing cold day AND have numb fingers. If you fill er up it just pukes gas steadily, so I only keep it just under 3/4 full, but you can still smell it under moderate accelleration or esp. right cornering. Thanks for the link. p.s. 92GXE, and the LR Caliper has been giving me a lot of trouble too. coincidence?? I'm thinking not. More like recipe for an inferno. Thanks again.
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Old 02-01-2005, 06:04 AM
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I can tell you right now that they do NOT have to drop the gas tank to look at the filler neck. look in your drivers side rear fender well, you will see some plastic going from the top of the wheel well to the bottom of the wheel well. all they have to do it take off that plastic part b/c that is what covers the filler neck. the only time that they have to drop the gas tank is when you have to get a stage 5 recall done and that is when they have to replace your whole fender well. I have been talking with a guy from the NHTSA and if you want I can give you his number and Im sure that he will take care of this issue if nissan doesnt want to.
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Old 02-24-2005, 05:16 PM
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well I went outside about a week ago to take some pics of the rust around the seat belt and when I went to take off the plastic covering on it the whole seat belt assembly basically pulled completely off of the car. there is a huge rust hole right there and it was only held on by about a 1\4 inch of good metal. all the rest was totally rusted away.

I had heard that day that nissan had decided to fix my car but they said that it was a level 4 recall. they would only have to weld on a plate and bolt the seat belt onto the new plate. they dont have to replace the whole fender well on a level 4. I took the car up to nissan and they took some more pics of it after the belt fell off. I just heard this morning that they still are saying that its a level 4 recall.

I have talked with a laywer and he thinks that I have a case aginst nissan if they refuse to complete the level 5 recall and I can prove that the car falls within the specs of a level 5 recall and not a level 4. I am going to talk with the guy from the NHTSA and see what he says. if nissan refuses to complete the level 5 recall then I am going to sue them because I can prove that the car falls into a level 5 recall.
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Old 02-24-2005, 05:47 PM
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get those ba$terds at the stealership !
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Old 02-24-2005, 06:22 PM
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Interesting...definitely keep us updated, I'm curious as to what they are going to do about it. No offense but it sounds like your car is such a rustbucket that you might get lucky and they'll just pay you a lump sum for your car

JW
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Old 02-24-2005, 06:49 PM
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That is truly inspiring. Don't take any $hi+ from those a$$holes!
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Old 02-24-2005, 08:08 PM
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keep up the good work. I am surprised that they put up such a fight about all of this. Usually when you apply a little pressure, they give in, unless they are absolutely certain you are wrong. In this case, you aren't lying about anything, they just don't want to fix something that was recalled. Lame.
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Old 02-24-2005, 08:24 PM
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I admire your courage in standing up to the man, but I really hope you aren't paying the lawyer much otherwise I'd just use that money to get a new car
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Old 02-25-2005, 04:23 AM
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no the laywer is a friend of mine so hes not charging me anything to do this.

yeah my car does have a lot of rust on it but I really dont want to get rid of it. I want them to fix it like they are required to do. I dont care if the repairs are going to cost more than what the value of my car is. its a recall not an insurance clame.

I had a lot of pics but they all got deleted off of the computer so when I get some new pics I will post them to show you what it looks like.
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Old 02-25-2005, 07:25 AM
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This is great. Nice work putting up a fight. I've noticed that I seem to leak gas out below the fuel door and it runs down the side of the car. ( I only know because it attracts all the dirt ) I take it this would be a strong indication that my car needs the recall done?

Again, nice work.
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Old 02-25-2005, 03:14 PM
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yeah I would call the local nissan dealer and give them your vin and ask if the recall has been done on your car yet. even if it has been done and the filler neck has been replaced and has rusted out again they are at fault and will have to replace it again. you might have to put up a fight but they should go on and replace the filler neck if it has rusted through.
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Old 03-02-2005, 06:43 PM
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Uh...crap. Mine's an Arizona car and has been for it's entire life (save outof state trips). I have no idea if the 3 items NHTSA lists have been done. My wheels are likely fine, since the clear coat is stripping off as I write this.

But I have noticed that sometimes when I fill my gas tank completely there's a drip from up behind the rear suspension on the left side.
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Old 03-03-2005, 05:09 AM
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Originally Posted by Slamnasty
But I have noticed that sometimes when I fill my gas tank completely there's a drip from up behind the rear suspension on the left side.
That just means you over filled a bit. I don't know how that whole thing works, but whenever I top off, same thing happens to me. Then it stops after a few drops.
 
Old 03-03-2005, 06:46 AM
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You said you took some pics. Could you please post them? Thanks.
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Old 03-03-2005, 07:57 AM
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thats prob the gas line that keeps the gas from comming out when you fill your tank all the way up. mine was cracked and I replaced it. it was not fun trying to get that line to fit over the fitting on the gas tank and on the filler neck.

in the recall they have defined all of the states into "salt states" and "non salt states" my car was bought brand new in my home town in kentucky and it spent all of its life in that town. in the recall kentucky is not listed as a salt state but I still had all of the rust. granted Im suer that AZ gets a whole lot less salt on the roads than ky does but Im sure that if its been in AZ all of its life it should be fine in regards to the rust.
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Old 03-03-2005, 08:05 AM
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Ahh... that's probably why we're getting treated differently. MN is definitely a salt state.
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Old 03-03-2005, 08:12 AM
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UPDATE****

heres the deal. nissan still tried to say that my car was a level 4 recall and not a level 5. I have a friend that is a laywer and I went to him and asked him what to do. he told me that I could file a law suit aginst nissan and that I would prob win.

when I talked to larry long (the guy from NHTSA) I told him what I was planning on doing. he then told me that because it would cost almost $4,000 to do the level 5 recall on my car and that is 2 times the value of my car that nissan would only be responsable with making sure that the car got off of the road because it would be a safty issue to keep driving it. through this whole thing I really havent wanted nissan to buy my car from me so I asked him what should I do.

he called nissan and told them that I did not want them to buy my car from me (even though they didnt offer to but if I sued them thats all they would legally have to do) and that I wanted it fixed and that I had a laywer and that we could sue nissan.

nissan came back a day later and came up with this ideah. they will weld in patches where the rust is. they are also giving me a warranty. they are saying that if ANY rust should come back in the area outlined in the recall after it has been "fixed" then they will correct the problem again as if the recall had not been done at all. basically if it rustes through at all they will weld in all new patches as long as I have the car.

I drop my car off on monday at 3:30 and they are going to give me a rental car for 3 days. they said that it shouldnt take any longer than 3 days.

I guess it all worked out for me. I get to keep my car, it gets to be fixed, and if anything else goes wrong with it later on down the road they will fix it. hopefully this will be the end of this drama.
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Old 03-03-2005, 08:14 AM
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Originally Posted by yelowd
Ahh... that's probably why we're getting treated differently. MN is definitely a salt state.
well Im in ohio now and ohio is a salt state. all that matters is if the car is licensed in a salt state. even if the car was never licensed in a salt state and was in a non salt state and it had the rust and fell within the guidlines of the recall they would still have to preform the whole recall.
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Old 03-03-2005, 08:20 AM
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Well, glad it's over for you. I'll keep you posted as to what happens for me.
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Old 03-07-2005, 04:42 PM
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well this morning I took my car to drop it off at nissan and pick up my rental. I took a friend of mine that is a laywer with me. when I took the car in the guy at nissan told me that he wanted to make sure that I knew that all they were doing was doing the level 4 and not 1, 2, or 3. the recall states that if you do a level 3 you have to do level 1 2 and 3. if you do a level 4 you have to do level 1 2 3 and 4. I told him that was unacceptable and that if they were going to do the recall that they were going to do it RIGHT.

he got on the phone and called some people at nissan head quaters. about 45 minutes later he told me that he couldnt get anyone on the phone at nissan and to just leave my car here and that he would get back with me.

well I told him that I get off of work at 6 and he knows that it only takes me about 5 minutes to get home. as soon as I walk in the door the phone rings. its the woman at nissan head quaters that I have been dealing with. the first thing that she askes me is if I would be willing to let nissan buy my car back from me. I sais yes and she asked me a few things about how much I paid for that car and how much money I have put into the car.

she is going to get back with me tomorrow at 6:15. I will post and let everyone know what she tells me.

just to let everyone know I got an 05 orange grand prix with 2k on it as my rental car and I get it for 3 days. and people were trying to tell me that I should be lucky that they even look at my car let alone give me a rental car. LOL
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Old 03-07-2005, 05:52 PM
  #39  
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buy back = money to buy a VE
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Old 03-07-2005, 06:35 PM
  #40  
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You got lucky because in my case Nissan refused to do anything stating that recall had been done back in 1996 and my car just rusted from time EXACTLY at that spot (well ... I had to put a big fiberglass patch where rear left side seatbelt used to be mounted ... it just felt off ... opening was about 5"x8").
Good to know that somebody got it fixed/paid from Nissan!

PS: I even received an official paper from Nissan stating that they don't "care about safety" LOL
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