Sue my dealer? Motor mount + ECU related
12-09-2004, 02:37 PM
#1
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Join Date: Oct 2004
Posts: 50
Sue my dealer? Motor mount + ECU related
I purchased my 2000 Maxima SE (auto) in May of 2003 with 75000 miles. Now in December 2004 it's at 97000 and completely out of warranty. By now I paid almost $1500 for repairs (ignition coil, MAF, motor mount, ECU updates) in a year and a half. Here's the problem:
I went to nissan for a checkup because there was a buzzing noise coming from the engine for about 3 seconds whenever I started the car, put it in Reverse, Drive, turned it off, and even before I actually started the car, turning the key was enough. But let's not concentrate on what it is. The dealer said it's my front motor mount and replaced it for $300. After about 2 weeks I noticed that the buzzing noise is still there so I went back and told them to fix it this time. After a day they called me and here's their story:
They consulted Nissan technicians in CA over the phone because they didn't know what the problem was. Nissan told them that I have to replace the rear motor mount, and if that doesn't work I have to replace the ECU. But here's what really pissed me off. If I refuse to do the repairs they'll make me sing a paper stating that Nissan is not responsible if the car catches on fire!
What can I do now? I tried calling Nissan but they refused any kind of reimbursement because the car is not on warranty. The dealer is not cooperating at all and wants me to pay for all the repairs. Should I sue them for letting me drive the car while it might catch on fire? What are my options? Help...
PS
Sorry for posting in this section but I'm running out of time and more people go here than to the Dealer Experiences section. Thanks again.
I went to nissan for a checkup because there was a buzzing noise coming from the engine for about 3 seconds whenever I started the car, put it in Reverse, Drive, turned it off, and even before I actually started the car, turning the key was enough. But let's not concentrate on what it is. The dealer said it's my front motor mount and replaced it for $300. After about 2 weeks I noticed that the buzzing noise is still there so I went back and told them to fix it this time. After a day they called me and here's their story:
They consulted Nissan technicians in CA over the phone because they didn't know what the problem was. Nissan told them that I have to replace the rear motor mount, and if that doesn't work I have to replace the ECU. But here's what really pissed me off. If I refuse to do the repairs they'll make me sing a paper stating that Nissan is not responsible if the car catches on fire!
What can I do now? I tried calling Nissan but they refused any kind of reimbursement because the car is not on warranty. The dealer is not cooperating at all and wants me to pay for all the repairs. Should I sue them for letting me drive the car while it might catch on fire? What are my options? Help...
PS
Sorry for posting in this section but I'm running out of time and more people go here than to the Dealer Experiences section. Thanks again.
12-09-2004, 02:43 PM
#2
I don't see how it could catch on fire?
Alright I know 5th gen autos have electrical motor mounts....and they get stiff during WOT and get soft during idle.....and I also know that when they go bad....there is no electrical current running thru the wires.....so how would it catch on fire?
I totally agree with you on Nissan's service....the corperate office doesn't do jack sh*t about anything....I tried to resolved an issue with them awhile back.....they told me FOR SURE they will call me back tomorrow....they never did, so i called them back....and they told me the same thing (different rep each time) for about 3 days straight....after that I just gave up.....and then guess what? someone finally gives me a call back 2 weeks later....pretty lame IMO
Alright I know 5th gen autos have electrical motor mounts....and they get stiff during WOT and get soft during idle.....and I also know that when they go bad....there is no electrical current running thru the wires.....so how would it catch on fire?
I totally agree with you on Nissan's service....the corperate office doesn't do jack sh*t about anything....I tried to resolved an issue with them awhile back.....they told me FOR SURE they will call me back tomorrow....they never did, so i called them back....and they told me the same thing (different rep each time) for about 3 days straight....after that I just gave up.....and then guess what? someone finally gives me a call back 2 weeks later....pretty lame IMO
12-09-2004, 04:19 PM
#3
Originally Posted by TopElement
The mounts are soft when you're stopped, otherwise they're firm whenever you're moving.
How could you possibly sue them, if they're telling you to do the repairs! They're not hiding it, they made you aware of the facts. If the car catches on fire, it's you're fault for driving it while being aware it's at risk.
Nissan's responsibility ended when the warranty expired.
How could you possibly sue them, if they're telling you to do the repairs! They're not hiding it, they made you aware of the facts. If the car catches on fire, it's you're fault for driving it while being aware it's at risk.
Nissan's responsibility ended when the warranty expired.
12-09-2004, 05:32 PM
#4
It's chrome alright...
Join Date: Dec 2001
Posts: 4,009
Originally Posted by Nismo3point5
Buried in there is either an "as-is" waiver or some other form that protects them from situations like this.
Originally Posted by TopElement
How could you possibly sue them, if they're telling you to do the repairs! They're not hiding it, they made you aware of the facts. If the car catches on fire, it's you're fault for driving it while being aware it's at risk.
12-09-2004, 08:33 PM
#5
sorry to hear ur having problems with a ****y service department, but you have no case against the dealership, simply because when they sold you the car they smoged and safty the car. which are the requirments all cars meet before being sold as used cars from dealerships. Also the dealership is not responsible with problems the car is developing, either it be from age or abuse, your car is out of warranty.
Its always a good idea to get the extended care warranty, specially the one from Toyota even thoug we dont drive toyota's, toyota will warranty the nissans and take care of any probs, they are a little bit better about warrany stuff then nissan. If your intersted I can see what kind of warrany I can get ya from our dealership, i work at a nissan dealership.
good luck with the prob.
Its always a good idea to get the extended care warranty, specially the one from Toyota even thoug we dont drive toyota's, toyota will warranty the nissans and take care of any probs, they are a little bit better about warrany stuff then nissan. If your intersted I can see what kind of warrany I can get ya from our dealership, i work at a nissan dealership.
good luck with the prob.
12-09-2004, 09:44 PM
#6
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Join Date: Oct 2004
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Well the thing is they let me drive away without signing the waiver, also, don't forget that I brought the car back with the same problem they didn't fix the first time. How come they didn't make sure that the original problem with the mount is repaired, but instead just let me drive away in a car that might catch on fire? That's what I was aiming for, them letting me drive my 'unsafe' car for two weeks before I discovered the problem myslef. Keeping in mind the Ford Pinto case I think I have a point there.
12-10-2004, 05:31 AM
#8
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Join Date: Dec 2003
Posts: 64
Sorry to hear about your issues. Sounds like a big PITA!!.
I would be inclined to agree with the previous posts that you do not have any legal recourse, at this time.
YOu do mention that "they let me drive away without signing the waiver". Perhaps you could contact a lawyer who would review the paperwork you have, as well as summons your paperwork from the dealer to see if he can find an opening.
I deal lots with legal issues, seems like NJ people are pretty quick to bring suit, so I'd assume there are some pretty aggressive lawyers there...
A slip 'n' fall might be easier for you...You'll need to hurt your self to collect though!!
But the above options will take time. YOur best option might be to negotiate the price and an interest-free payment plan.
Good luck!
-pigi
I would be inclined to agree with the previous posts that you do not have any legal recourse, at this time.
YOu do mention that "they let me drive away without signing the waiver". Perhaps you could contact a lawyer who would review the paperwork you have, as well as summons your paperwork from the dealer to see if he can find an opening.
I deal lots with legal issues, seems like NJ people are pretty quick to bring suit, so I'd assume there are some pretty aggressive lawyers there...
A slip 'n' fall might be easier for you...You'll need to hurt your self to collect though!!
But the above options will take time. YOur best option might be to negotiate the price and an interest-free payment plan.
Good luck!
-pigi
12-10-2004, 05:38 AM
#9
It's chrome alright...
Join Date: Dec 2001
Posts: 4,009
Originally Posted by ekg2
Well the thing is they let me drive away without signing the waiver, also, don't forget that I brought the car back with the same problem they didn't fix the first time. How come they didn't make sure that the original problem with the mount is repaired, but instead just let me drive away in a car that might catch on fire? That's what I was aiming for, them letting me drive my 'unsafe' car for two weeks before I discovered the problem myslef. Keeping in mind the Ford Pinto case I think I have a point there.
The pinto case was a case of bad design. This is a case of a broken part, a part that you probably broke. I know you're frustrated but the dealer is not at fault for any of this.
12-10-2004, 01:17 PM
#11
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Posts: 50
What's the worst thing that can happen if I keep driving like this? I mean the car is running perfectly fine, the only thing is the buzzing noise coming on for about 3 seconds, it doesn't even bother me at all. Any thoughts on that?
12-10-2004, 01:33 PM
#12
It's chrome alright...
Join Date: Dec 2001
Posts: 4,009
Originally Posted by ekg2
What's the worst thing that can happen if I keep driving like this? I mean the car is running perfectly fine, the only thing is the buzzing noise coming on for about 3 seconds, it doesn't even bother me at all. Any thoughts on that?
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