This is puzzling. Your Oct 26th 2016 warr period is not far off the mark. Why didn't you discuss your situation with Nissan? They would have easily offered you a 10/90 settlement in your favor. Go back to your dealer and discuss it.
I worked with my dealer, and they negotiated a 20/80 settlement for us. Our warranty was July 1st 2016. We lost the 4th bar in Oct. Curiously, during this entire process, the dealer was indeed in "back office" discussions with Nissan. After the offer was made to us, I decided to simply called in to the regular Nissan EV phone and confirmed no case/claim was even filed on behalf of our vehicles. NOTE: We did all the battery tests every year even after the 2 years complimentary tests.
This process is not well documented on the forums but I read a forum thread where a gentleman was able to share his experiences, and I simply followed his trail. (Many thanks to rwherrick, Search for his username)
ncscenic wrote:Decided to go ahead and purchase a new battery to be installed Thursday. Will be nice to have full range again. As expected, we lost our 4th bar sometime last week, well past the October 26th warranty period. Basically, though, for 6 grand, we'll have what we consider to be a "new" car. We'll see how this experiment goes. The only puzzlement might come if we have an accident, as the car only books for 5K or so.