pearl430

from one of the member in the Zcar forum


hope this can help everyone that has bad experience w/ nissan dealers and DON'T QUIT



http://www.zcar.com/forums/read.php?...09612&t=109612

Author: kbsig106 (---.coj.net)
Date: Jan 29, 12:45pm

Started by getting all my work order's together to make sure I had a case. Three repairs for the same problem (alignment - four times). I called the BBB autoline since it is certified by the State of Florida (have to go to the BBB first - so says the LL handbook).

The BBB asked that I fax them all the work order's and they contacted NNA. Nissan made me a cash offer which I refused and told them either fix her or buy her back. I then sent certified notice to Nissan that I am electing for the "final" repair as set forth in the Florida Lemon Law. Nissan received the letter on 12/8/03 and had 10 days to call me. On 12/18/03 I heard from NNA and they set up the 1/5/04 "final" repair (waited till the last day). They had the car 4 days and a NNA rep flew in to conduct the work and sign-off. I have till 1/25/05 to re-open my case at any time if the problems should return. If so, there will not be a second "final" repair - we go straight to settlement/buyback.

No I did not hire a Attorney. I want to give Nissan a chance to make this right. I put a level of trust in them when I bought into the whole pre-order program. I feel as if I was hoodwinked (sp?)...

However, I have spoken with one who owns a Z and if necessary I will retain his services. I have a slam dunk case - I wasin for service 9 times in 12 months.... A little much don't you think?

samw1978

Good luck and keep us updated!

simeong

I am having a similar issue. Bought my Roadster on 12/31/03 and it has been back 5 times for the pulling right issue. Spoke with service rep today and I am told that the issue is resolved. We'll see when I pick it up tomorrow.

pearl430

Gosh i can't believe a 04 roadster has the same problem pulling to the right


wow, please update

i m definitely going to BBB and start my case w/ lemon law

pearl430

here is another good advice


Author: tx350z (66.28.225.---)
Date: Jan 19, 12:34pm

I'm not a lawyer but I've done a huge amount of homework on this in the last month or so.

Yes, you can sue Nissan for feathering. You can sue them for practically anything, even because the ashtray is smaller or larger than you would like. Winning your case is entirely another issue.

Lemon laws vary from state to state. Generally, they will not apply as a blanket remedy for all cases (read "class action"). You will have to weigh your own circumstances against your state's laws to determine if it applies to your case.

What you can do:
Consult the Nissan warranty. It spells out the process for mediation and arbitration of warranty disputes. The important point is that there has to be a dispute. If Nissan replaced your tires when requested, you have no dispute with them (yet). If they refuse to replace the tires, as they have in my case, then you have something to dispute.

Generally the process is:

Step 1: Contact your dealer's service department. If they don't replace the tires, Step 2.

Step 2: Contact NNA directly at 1-800-NISSAN1. If they decline to replace your tires, Step 3.

Step 3: Go to http://www.dr.bbb.org/autoline/alprocess.asp and read the process for using the BBB's Auto Line process. The instructions are a little confused, but basically, you fill out an on-line form with all the facts of your case. About a month later, they will contact you to setup a mediation conference call with Nissan. If that doesn't go well, Step 4.

Step 4: Ask the mediator on how to request Auto Line's arbitration service. Assuming you lose in arbitration (very unlikely), you can either accept the decision, or reject the decision. In a worst-case scenario, Step 5.

Step 5: Small claims court. Small claims laws very by state, county, and sometimes city. Check the laws that apply to your area. In most cases, you will only be able to sue to have the tires replaced at no cost. A permanent fix will likely cost more than what you can go after in small claims court.

If you decide to get into the ring with Nissan, get your ducks in a row! You are going to have to prove:
1: You are experiencing a real problem that needs to be fixed.
2: The problem should be fixed under warranty.
3: You have given Nissan every opportunity to fix the problem
4: They have refused to fix the problem.

Note that "not fixing" and "refusing to fix" are two entirely different things. If Nissan has shown good faith in trying to fix your problem, you are unlikely to win anything.



Post Edited (Jan 19, 12:36pm)

pearl430

anyone w/ me


Z.racing

MyZ4U2C

My car is perfect ('03 9,000 miles)...have no idea about any of this. Good luck to all though.

j-man

Interesting.

I just hit 1020 miles tonight in my new z--cars been pulling to the right since ~500. I got appointment monday for a number of little issues, I hope I dont have anything like this...

pearl430

good luck j-man

pearl430

I WILL UPDATE U GUYS WHEN MORE INFO AVAILABLE

simeong

Update:
Picked up my roadster on Friday PM. Took a drive on Sunday with a passenger in the car to give me an objective opinion on the drifting right issue. Unfortunately...from both our perspectives, the car still drifts to the right. I had already contacted Nissan USA last week to bring them into the loop and they called me on MOnday to see if the problem had been resolved. I informed them of the situation and "mentioned" that the car would either need to be replaced or a refund issued. They indicated that they would contact the dealer and get back with me. I also spoke with the service writer, who has acknowledged the drifting, and said he who continue to research the problem for a "next step"

Let's see what happens next......

pearl430

hi simeong

my car still pull to the right after 4th time going back because i had the TSB steering to the right in my hand plus calling the NNA and complaints then they replaced the compressing rod


Nissan new TSB - Steering to the right part 2

All Tech should advices Z driver hands on steering wheel at all times

simeong

TSB was handled with replacement of tension rod bushing during the 4th attempt.

markz

Pulling to the right? I have the same problem on my 03 touring? Do you think it will matter when I take it in that I have aftermarket wheels?

Thanks
Mark

simeong

After another stint in the shop, Nissan Customer Care stated:

"Engineering has determined that it is a normal characteristic for the car to drift to the right"

How's that for wisdom! The ball is now in my court, literally!

szyp

In New Jersey we have a very specific process under the Lemon Law. I sued Nissan over my 1996 Pathfinder that kept dying in the middle of the road and won the case. In NJ they get 3 attempts to fix the problem; you must notify them that the third is the final attempt, and will result in legal action. What counts as an attempt to fix? Presenting the car to the dealership counts, whether they touch it or not. They claimed continuing work on a problem, the judge said each time the SUV was presented for an attempt at repair, and they did not repair it, regardless of what they did or did not do. We got the full purchase price back, minus a small sum for the miles we had on the vehicle, as well as all legal fees, including an "expert witness" our lawyer obtained for us to verify there was a problem. What's my point? Don't be afraid to go lemon law on Nissan; its your right, and if you have a genuine problem you will prevail. Just try to get a lawyer experienced in lemon law cases. I hope everything works out for you..

zmann

Good luck to those of you having problems. I'm on my 2nd roadster (1st traded with 6500 miles...went from manual to auto) and my current has about that same mileage. I had none of these problems with either. The first was built in June, the 2nd built in August. What concerns me is the inconsistency in this problem...some have it, some don't. That's what doesn't make any sense, at all. And that is also what is going to make it hard for you all. Please keep us posted. This is very interesting and impactful to many.

srm