Suing Nissan
#42
You can never win with these dealerships and nissan corp.
Only a universal lawsuit will bring enough media attention to have these practices changed.
My rear tires were swaped in a 5 star nissan dealership, theft! good luck trying to get anything out of them for it. I had to buy new set of tires because my rear tires were swapped with bald tires in the shop.
Only a universal lawsuit will bring enough media attention to have these practices changed.
My rear tires were swaped in a 5 star nissan dealership, theft! good luck trying to get anything out of them for it. I had to buy new set of tires because my rear tires were swapped with bald tires in the shop.
#44
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I never had the car at a different tranny shop. The car is at my house and the tranny is at the shop. Nissan doesn't even return my calls. I think I'm just going to have to pay for it out of my own pocket, then sue the dealership.
What Nissan needs to pay for it is for the dealer to admit they screwed up with the original diagnosis. They'll never admit to it, so I think I'll have a lawyer send them a letter threatening to sue. If that doesn't work, I'll take the dealer to small claims and sue for the amount of the estimate the other dealer gave me to fix it. I won't even mention that it was fixed at a indep. shop.
My future wife is a law student and she recommends that I sue the dealer. The key phrase I need to use in court, is that "IT'S REASONABLE TO ASSUME that if the original diagnosis was correct, that the tranny wouldn't have started leaking within 100 miles of the repair from the exact same place and that catastrophic failure should not occur."
Basically I need to sue the dealer because they are nissan's representative. If there's a problem that should be covered under warranty, it's their obligation to fix it and bill nissan for it with the explaination that they screwed up.
I think that in small claims court, I have a really good chance of winning since I can prove that I originally made the complaint before the warranty expiration and that the tranny was already failing.
What Nissan needs to pay for it is for the dealer to admit they screwed up with the original diagnosis. They'll never admit to it, so I think I'll have a lawyer send them a letter threatening to sue. If that doesn't work, I'll take the dealer to small claims and sue for the amount of the estimate the other dealer gave me to fix it. I won't even mention that it was fixed at a indep. shop.
My future wife is a law student and she recommends that I sue the dealer. The key phrase I need to use in court, is that "IT'S REASONABLE TO ASSUME that if the original diagnosis was correct, that the tranny wouldn't have started leaking within 100 miles of the repair from the exact same place and that catastrophic failure should not occur."
Basically I need to sue the dealer because they are nissan's representative. If there's a problem that should be covered under warranty, it's their obligation to fix it and bill nissan for it with the explaination that they screwed up.
I think that in small claims court, I have a really good chance of winning since I can prove that I originally made the complaint before the warranty expiration and that the tranny was already failing.
#45
Definetly fight it. The more bad media and bad judgements the dealer gets or sees coming their way, the more likely they are to try to help you. I got the nissan from a chevy dealer in albany and they lied about a bunch of stuff done to the car and didnt do any of the "inspection" stuff they shouldve, plus my b-pipe rusted through two weeks after i got it, MAF, o2 sensor, no locking lug keys. Also they kept my credit card deposit which was promised to be returned either way. Then when i made a big deal they said they couldnt do anything. I got the Consumer Complaint form from the State Attorney General's Office and filled that out, it did take a little while (two months or so) but the dealer ended up calling ME and had me come down, kissed my ***, while they put 4 new tires (Michelin Pilots by the way) cut me a check for the muffler and OE locking lug nuts i paid nissan to take off cause they didnt give me the key and put a $300 service credit to their garage for the inconveinience. Just look up the number to the Attorney Generals office, in comsumer complaint division. BBB is good also. Well good luck
#46
wow.
i wonder, that if nissan said that the gears were worn out, what would cause that.
couldnt be a lack of lubrication , could it?
im GLAD i dont have to deal with nissan dealers. the most basic concept of moving parts creating friction, and theyre in denial. its insane.
have you tried a different dealer?
i wonder, that if nissan said that the gears were worn out, what would cause that.
couldnt be a lack of lubrication , could it?
im GLAD i dont have to deal with nissan dealers. the most basic concept of moving parts creating friction, and theyre in denial. its insane.
have you tried a different dealer?
#49
Originally Posted by SR-71 Blackbird
I just wish I could just rebuild the tranny myself.
That's like taking a steak from the corner market and asking a chef at a steakhouse to cook it for you. Not likely.
#50
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Originally Posted by pikers
But you can't, hence the price.
Originally Posted by pikers
That's like taking a steak from the corner market and asking a chef at a steakhouse to cook it for you. Not likely.
#51
I had a similar problem with the engine coils in my 00 Max. The dealership told me that all 6 were failing and talked me into replacing all of them. When I asked them for a copy of the diag report they said they didn't have a printer hooked up to the computer and couldn't print anything. I grabbed the paperwork from the service tech and attached was a slip that said only #2 was misfiring. I made a giant stink about it with the Service Manager but he only gave me the 800 to Nissan Corporate. I called them and even tried to deal with the general manager of the dealership, but neither would give me the time of day. I did a corporation search online to find out the OWNER of the dealership, not just the manager and I made a call to him. I explained the whole situation and threatened a suit. After I explained everything, he phoned the general manager of of his location and we hashed it out on the phone. THE LAST THING A CEO/PRESIDENT wants to hear, is that his dealership is bad. The President had a few choice words for the manager and in 3 days I had a full refund of 5 coils and labor.
Dealerships are usually owned in bunches by a corp/group. You need to find the top of the food chain, the CEO/President and make a call. They usually don't want the exposure or bad press and will work it out.
Dealerships are usually owned in bunches by a corp/group. You need to find the top of the food chain, the CEO/President and make a call. They usually don't want the exposure or bad press and will work it out.
#52
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You have a good chance of winning in Small Claims Court. The burden of proof is much less, all the judge needs to do is "think" the dealership wronged you and they are screwed. It also may never get to court, they usually have to pay thier lawyer more than that just to look at the case.
Thats what happened to me, my old dealer F*ed up the paint on my rear bumper, they painted and repainted it like six times. Since there was sooo much paint, it kept cracking and peeling. I spoke to other shops, they told me that I need a new rear bumper and a good paint job. Naturally they refused to replace the bumper, I gave them several chances to do so. I went filed court papers for $800 for a new rear bumper and paint...
Week and half later I had a check from them for $800 with a letter "from" the owner (he prob just signed it), saying that they were really sorry.
I had paperwork out the a**, they painted that bumper soo many times and they told me that they were stripping it everytime. Then I learned you really cannot strip them (once at most), I found out when a big chunk of paint peeled off and I could see the old paint nice and neat right under it.
BTW, they had to paint so many times because of clear coat cracking, orange peel, and many runs in the paint. I got it back one of times it went in for a run and the run was gone... BUT there was a new one 8" away from the old one. I just looked at the service manager and asked "Are you friggin kidding me?".
Thats what happened to me, my old dealer F*ed up the paint on my rear bumper, they painted and repainted it like six times. Since there was sooo much paint, it kept cracking and peeling. I spoke to other shops, they told me that I need a new rear bumper and a good paint job. Naturally they refused to replace the bumper, I gave them several chances to do so. I went filed court papers for $800 for a new rear bumper and paint...
Week and half later I had a check from them for $800 with a letter "from" the owner (he prob just signed it), saying that they were really sorry.
I had paperwork out the a**, they painted that bumper soo many times and they told me that they were stripping it everytime. Then I learned you really cannot strip them (once at most), I found out when a big chunk of paint peeled off and I could see the old paint nice and neat right under it.
BTW, they had to paint so many times because of clear coat cracking, orange peel, and many runs in the paint. I got it back one of times it went in for a run and the run was gone... BUT there was a new one 8" away from the old one. I just looked at the service manager and asked "Are you friggin kidding me?".
#53
Originally Posted by papasuede
I did a corporation search online to find out the OWNER of the dealership, not just the manager and I made a call to him. I explained the whole situation and threatened a suit. After I explained everything, he phoned the general manager of of his location and we hashed it out on the phone. THE LAST THING A CEO/PRESIDENT wants to hear, is that his dealership is bad. The President had a few choice words for the manager and in 3 days I had a full refund of 5 coils and labor.
Dealerships are usually owned in bunches by a corp/group. You need to find the top of the food chain, the CEO/President and make a call. They usually don't want the exposure or bad press and will work it out.
Dealerships are usually owned in bunches by a corp/group. You need to find the top of the food chain, the CEO/President and make a call. They usually don't want the exposure or bad press and will work it out.
Great idea in grabbing their paperwork. What a load of crap that their printer wasn't hooked up to the diag puter.
#54
Originally Posted by carsarecool
I got the nissan from a chevy dealer in albany and they lied about a bunch of stuff done to the car and didnt do any of the "inspection" stuff they shouldve
#55
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Originally Posted by carsarecool
Definetly fight it. The more bad media and bad judgements the dealer gets or sees coming their way, the more likely they are to try to help you. I got the nissan from a chevy dealer in albany and they lied about a bunch of stuff done to the car and didnt do any of the "inspection" stuff they shouldve, plus my b-pipe rusted through two weeks after i got it, MAF, o2 sensor, no locking lug keys. Also they kept my credit card deposit which was promised to be returned either way. Then when i made a big deal they said they couldnt do anything. I got the Consumer Complaint form from the State Attorney General's Office and filled that out, it did take a little while (two months or so) but the dealer ended up calling ME and had me come down, kissed my ***, while they put 4 new tires (Michelin Pilots by the way) cut me a check for the muffler and OE locking lug nuts i paid nissan to take off cause they didnt give me the key and put a $300 service credit to their garage for the inconveinience. Just look up the number to the Attorney Generals office, in comsumer complaint division. BBB is good also. Well good luck
Was that Denooyer Chevy?? Or was it Goldstein??
If it was DeNooyer, I would be really suprised, They always treated my Fiance and I really well. I only take my car there for paintwork, John in the bodyshop is the best.
They always do a great job for service, I have taken my Max there a few times for random stuff, they were great with my sisters car.
BTW, The owner of DeNooyer has a killer Lambo
#56
My question is, WHY did you wait all the way till the very end of your warranty to bring the car in ? I recall reading posts from you previously that your tranny failed and new one is going also, why did you wait so long ?
Call up your Zone/district representative and tell him the story, if you need his name or # let me know. I know the regional rep for the Chicagoland area for Nissan ,he can find out that reps name and phone number and you can give him a call. This rep has the power to warranty stuff on cars that are way out of warranty... **** I did 4 injectors on a 88 Integra a year ago under warranty for our Acura district rep- it was someone he knows that owned that car. District Rep> Nissan dealer.
Call up your Zone/district representative and tell him the story, if you need his name or # let me know. I know the regional rep for the Chicagoland area for Nissan ,he can find out that reps name and phone number and you can give him a call. This rep has the power to warranty stuff on cars that are way out of warranty... **** I did 4 injectors on a 88 Integra a year ago under warranty for our Acura district rep- it was someone he knows that owned that car. District Rep> Nissan dealer.
#57
Originally Posted by upstatemax
Was that Denooyer Chevy?? Or was it Goldstein??
If it was DeNooyer, I would be really suprised, They always treated my Fiance and I really well. I only take my car there for paintwork, John in the bodyshop is the best.
They always do a great job for service, I have taken my Max there a few times for random stuff, they were great with my sisters car.
BTW, The owner of DeNooyer has a killer Lambo
If it was DeNooyer, I would be really suprised, They always treated my Fiance and I really well. I only take my car there for paintwork, John in the bodyshop is the best.
They always do a great job for service, I have taken my Max there a few times for random stuff, they were great with my sisters car.
BTW, The owner of DeNooyer has a killer Lambo
#58
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Originally Posted by carsarecool
nope i didnt think you could say the name of the dealer online but it was DePaula Chevy that that happened with
Well DePaula does not suprise... My brother knows the owner, he is
#59
Originally Posted by upstatemax
Was that Denooyer Chevy?? Or was it Goldstein??
If it was DeNooyer, I would be really suprised, They always treated my Fiance and I really well. I only take my car there for paintwork, John in the bodyshop is the best.
They always do a great job for service, I have taken my Max there a few times for random stuff, they were great with my sisters car.
BTW, The owner of DeNooyer has a killer Lambo
If it was DeNooyer, I would be really suprised, They always treated my Fiance and I really well. I only take my car there for paintwork, John in the bodyshop is the best.
They always do a great job for service, I have taken my Max there a few times for random stuff, they were great with my sisters car.
BTW, The owner of DeNooyer has a killer Lambo
You bring your Max to a chevy dealer for body work??
#60
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Originally Posted by Dust N Bones
You bring your Max to a chevy dealer for body work??
Yup, he has done work for my family and my fiance in the past and it was really good, quick work. The Nissan dealers.... well I ended up needing to sue them over paint work.
#61
Huh intresting, i'd pretty much figured tha any body shop who had a good reputation would be ok to take the car to, and whoever had the best rate so i probly wouldnt mind taking to denooyer now, but stay away from nissan? Which one was it, nemith?
#62
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Originally Posted by carsarecool
Huh intresting, i'd pretty much figured tha any body shop who had a good reputation would be ok to take the car to, and whoever had the best rate so i probly wouldnt mind taking to denooyer now, but stay away from nissan? Which one was it, nemith?
Yeah it was Nemith, they suck in every way. They no longer even have a bodyshop, they were closing it while I was fighting with them., I might have been the last car to go through it... lucky me!
If you HAVE to go to a Nissan dealer in the area, go to LIA. They usually have high prices on parts, so call Nemith first just to get a price (dont worry, they wont have it in stock) and LIA will match the price and they usually have the stuff in stock.
The only complaint I really have about LIA (Nissan and Infiniti), is the parts managers are dumb as rocks. The service is really good though, the manager is Lisa I think... She will take really good care of you.
#63
Nemith is the worst. Their service department in general is terrible and I even hate their sales dept. When I tried to buy a car there a several years ago they said they wouldn't even talk to me unless I gave them a $50 deposit to let them know I was serious about buying the car. Same thing happened 3 years ago when my wife saw an Altima that she really liked there. I know dealers do this but I don't think it's right. We walked out both times and bought a car somewhere else. I bought my current Maxima at Lia Infiniti, they are great there.
#64
Yeah i've dealt with Lisa before, she is nice and very helpful. My service advisor is Dan Haines, he's good too, they actually checked my brakes and told me they were bad for no charge when they were doing lug nuts, which doesnt require taking a wheel off, that kinda impressed me. Did you guys go to Armory at all?
And back on topic whats happened with the transmission?
And back on topic whats happened with the transmission?
#68
Just bring the original invoice from the dealer to the service manager and explain what THEY did, what happened, and what you want done. Be nice about, nobody likes someone who is rude. If that gets you no where, just tell him I'm going to be forced to escalate this with your manager or perpahs a law suit against the dealership.
You guys are barking up the wrong tree.
I took in my 02 after getting the throttle body serviced by an independent shop and was getting some DTCs. The shop could not fix it. So I called my local Nissan dealer. Keep in mind I have the FSM so I was trying to diagnose the problem on my own. After I was unsuccessful at trying the diagnosis listed in the FSM, it was time to bring in Nissan. I was suspecting the ECM was bad because it would not idle air volume learn. After looking at the car, they told me the ECM was good but the throttle body was shot and needed to be replaced. Total for that was $1,200. I said hell no, my throttle was GOOD before you touched it. After I got my max back, I was getting 3 more DIFFERENT DTCs than the ONE I had before Nissan touched it. W T F!
So I bought a used throttle body from someone on the ORG and it took care of the codes NISSAN caused! But my original code was still present, even after idle air volume learn (without consult 2). I went back to stealership with the invoice and told them look: I performed the idle air volume learn, ecm resets after you turn off the car. Finally they agreed to replace the ECM. About a day later they call me and said all that needed to be done was the idle air volume learn with CONSULT II! Stupid greedy bastards, that should have been done FROM DAY ONE!
So now I had paid for a used throttle body and wanted my money back. I told the service manager someone tampered with my throttle and was met with 100% denial. I call nissan, they told me each dealership operates their service department independently from Nissan of north America, so they cannot pressure them into anything. NNA only "oversees" their operation with NNA's standards, specs.. etc. They told me I would have to speak to the dealer owner if I wanted my $ back for the throttle. After this it already was like 3 weeks old so I just said forget it.
You guys are barking up the wrong tree.
I took in my 02 after getting the throttle body serviced by an independent shop and was getting some DTCs. The shop could not fix it. So I called my local Nissan dealer. Keep in mind I have the FSM so I was trying to diagnose the problem on my own. After I was unsuccessful at trying the diagnosis listed in the FSM, it was time to bring in Nissan. I was suspecting the ECM was bad because it would not idle air volume learn. After looking at the car, they told me the ECM was good but the throttle body was shot and needed to be replaced. Total for that was $1,200. I said hell no, my throttle was GOOD before you touched it. After I got my max back, I was getting 3 more DIFFERENT DTCs than the ONE I had before Nissan touched it. W T F!
So I bought a used throttle body from someone on the ORG and it took care of the codes NISSAN caused! But my original code was still present, even after idle air volume learn (without consult 2). I went back to stealership with the invoice and told them look: I performed the idle air volume learn, ecm resets after you turn off the car. Finally they agreed to replace the ECM. About a day later they call me and said all that needed to be done was the idle air volume learn with CONSULT II! Stupid greedy bastards, that should have been done FROM DAY ONE!
So now I had paid for a used throttle body and wanted my money back. I told the service manager someone tampered with my throttle and was met with 100% denial. I call nissan, they told me each dealership operates their service department independently from Nissan of north America, so they cannot pressure them into anything. NNA only "oversees" their operation with NNA's standards, specs.. etc. They told me I would have to speak to the dealer owner if I wanted my $ back for the throttle. After this it already was like 3 weeks old so I just said forget it.
#69
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Originally Posted by SR-71 Blackbird
I have a 2000 maxima 5spd whose differential and input shaft bearings failed. I had a nissan certified 100,000 mile warranty.
At 99960 miles, I broght the car into the dealer because the transmission was leaking oil. The stealership replaced the axle seal and called it a day. Within 100 miles, the tranny was leaking oil again and made the classic bearing noise.
I took the car back to the stealer and said the bearings were bad and that the tranny needed to be replaced. $3300. Nissan refused to pay. I opened a goodwill case with nissan, and they refused to pay again.
I'm getting it rebuilt for $1100.
Basically, the dealer made the wrong diagnosis for the problem while the car was under warranty. Shouldn't Nissan be responsible for the cost? Can I sue nissan directly in small claims? Should I sue the dealer? What legal action should I take?
At 99960 miles, I broght the car into the dealer because the transmission was leaking oil. The stealership replaced the axle seal and called it a day. Within 100 miles, the tranny was leaking oil again and made the classic bearing noise.
I took the car back to the stealer and said the bearings were bad and that the tranny needed to be replaced. $3300. Nissan refused to pay. I opened a goodwill case with nissan, and they refused to pay again.
I'm getting it rebuilt for $1100.
Basically, the dealer made the wrong diagnosis for the problem while the car was under warranty. Shouldn't Nissan be responsible for the cost? Can I sue nissan directly in small claims? Should I sue the dealer? What legal action should I take?
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