4th Bar Lost, Warranty Denied!

[mwalsh]

I had an attorney relative look up the Klee case to find out where things were at with mediation. I don't know exactly what program/system he sees it in, or how it's formatted, but he says the last entry is from 9/24 and reads "...hopeful that a resolution will be reached in the next thirty (30) days."

 

[keydiver]

I had an attorney contact me this past weekend who wants to take on my B0133 case, but I'm tending to wait for the outcome of the class action suit first. The way I see it, either:
1) the class action suit will be thrown out because many of the objectors have vary valid claims. But, since Nissan has already issued the Capacity Warranty, I certainly don't think they can retract it, but they also shouldn't be able to leave the B0133 on my record, since there was no settlement. Or,
2) Nissan will come to their senses, and remove the B0133 as part of the final settlement, or
3) there is certainly a chance, although I don't know how likely, that the suit will go through as previously described, with Nissan keeping the B0133 on all of us that opted out. At that point, I'll re-explore my options.
BTW, the lawyer mentioned that they have been contacted by a couple other B0133 victims.
Also interesting: you should have seen the look on the Tesla salesman's face when I told him how Nissan put the B0133 on my service record. :shock: His jaw dropped almost to the floor, and he said: "Can you imagine if Tesla did that??? It would make every news channel and every network's nightly news!"

 

[TomT]

One of the reasons why Nissan is not likely to ever be on my shopping list again...

you should have seen the look on the Tesla salesman's face when I told him how Nissan put the B0133 on my service record. :shock: His jaw dropped almost to the floor

 

[mwalsh]

^ I'm not ready to write off my relationship with Nissan yet. Yes, it's been rocky, AND sometimes abusive, but there have been good times too. And my car has worked flawlessly other than the battery pack (and the BCM bricked by dealership error). If I ever get a lizard pack, and it works as we've all believed it should, I'd be inclined to consider another Nissan built EV.

 

[cgaydos]

^ I'm not ready to write off my relationship with Nissan yet. Yes, it's been rocky, AND sometimes abusive, but there have been good times too. And my car has worked flawlessly other than the battery pack (and the BCM bricked by dealership error). If I ever get a lizard pack, and it works as we've all believed it should, I'd be inclined to consider another Nissan built EV.

I have to agree with that - of course it helps that I didn't pay a premium as an early buyer but instead waited for the bargain-basement leases, and also helps that I live in a climate where even the 2011-2012 batteries degrade at the pace originally forecast by Nissan.

Even with all the shell games that Nissan played around the original battery I find it difficult to identify a single car manufacturer - except Tesla - who wouldn't have acted similarly or worse in the same situation.

 

[TomT]

It would take some time for me to again have faith in being treated properly and honestly and forthrightly by Nissan... That is not to say that it might not happen, but it won't happen immediately -- I need to see a track record... Perhaps by the time I am ready for the EV that will replace my next one...

^ I'm not ready to write off my relationship with Nissan yet. Yes, it's been rocky, AND sometimes abusive, but there have been good times too. And my car has worked flawlessly other than the battery pack (and the BCM bricked by dealership error). If I ever get a lizard pack, and it works as we've all believed it should, I'd be inclined to consider another Nissan built EV.

 

[mwalsh]

I missed an attachment on the email I received from my relative. I've put it on my Google Drive for interested parties:

https://drive.google.com/file/d/0B3SYHt_rpvYyb2c3Q1ZBOTlVQm8/view?usp=sharing" onclick="window.open(this.href);return false;

 

[tombobcat]

I’ve lost my fourth bar on my 2011 Leaf here in Orange County CA.

I opted out of the class action and was told by a supervisor at Nissan that I won’t be getting a battery replacement, because the warranty was terminated when I opted out of the suit.

Any suggestions on where I should go from here?

Any progress with your case? I lost my third bar for awhile now and maybe in the same as your situation when I loose my fourth bar sometime next year.

 

[keydiver]

See my update in this thread:
http://www.mynissanleaf.com/viewtopic.php?f=27&t=17045&start=270" onclick="window.open(this.href);return false;
Hopefully, all of us who opted out will be getting a letter in the mail to allow Nissan to correct this matter, and remove the B0133 from our service record.

 

[EdmondLeaf]

Added capacity warranty was only applicable to 2011/2012 LEAFs. LEAFs from the 2013 model year have capacity warranty as standard.

If I buy used 2011, and before 5 years car will have less than 9 CB, will my Leaf qualify for battery replacement, or battery replacement is only for original owners?

 

[cgaydos]

Added capacity warranty was only applicable to 2011/2012 LEAFs. LEAFs from the 2013 model year have capacity warranty as standard.

If I buy used 2011, and before 5 years car will have less than 9 CB, will my Leaf qualify for battery replacement, or battery replacement is only for original owners?

Excellent question. In theory the warranty stays with the car. But there are several risks that come into play here, and because of them I recently opted NOT to buy a used 2011 LEAF that was sure to lose its 4th bar before 60k miles.

First, the previous owner may have opted out of the settlement, as noted above. Probably if you go through hoops you'd eventually get Nissan to lift the block on replacing that car's battery, but there is no guarantee.

Second, Nissan could refuse to replace the battery if they find that the previous owner abused the battery - such as letting the battery run out several times. There is only one rumored instance of this happening to my knowledge, but the risk exists.

Third, Nissan promises only to restore the LEAF to 9 capacity bars. Now, in practice in the US they have replaced batteries with fully new batteries, but rumor has it that in other countries they've replaced them with used batteries.

In short, if you buy a used 2011 LEAF and it falls below 9 capacity bars you will most likely have no trouble getting Nissan to replace the battery with the new lizard battery. But this is not guaranteed, so you are taking a risk.

 

[EdmondLeaf]

Thank you for explanation in that case best is to buy 2013 with no restriction on battery warranty.

 

[EdmondLeaf]

I am considering to buy 2011 that may qualify for battery replacement before 5 years 60KM. Problem is that car is missing yearly battery check for last 3 years. Wonder if yearly battery check is one of the condition for battery replacement program and because of that replacement was rejected

 

[mwalsh]

^ Risky proposition, although we don't know officially what Nissan would balk at.

It would have to be a really good deal for me to be interested.

 

[bbrowncods]

I am considering to buy 2011 that may qualify for battery replacement before 5 years 60KM. Problem is that car is missing yearly battery check for last 3 years. Wonder if yearly battery check is one of the condition for battery replacement program and because of that replacement was rejected

Real easy to check. Get the VIN and go ask a Nissan dealer. Better yet ask the seller if you can take it to a mechanic in order to get it checked out for a couple of days and then get it checked out by a Nissan dealer.

 

[EdmondLeaf]

Thank you for advice, I pass on private sale, 2011 SV with 45KM and 9CB sold for $8.25K

 

[leafkabob]

I ran across some of the documents that were filed in 2013 in the Klee v. Nissan class action lawsuit on this page:
http://classaction.kccllc.net/content.aspx?c=5619&sh=1

In the Declaration of Warren DeBardelaben http://classaction.kccllc.net/Documents/NNK0001/EX 2 - JL Dec (Decl of BeBardelaban) Conformed.pdf
he talks about the new, expanded warranty that came out in May, 2013. He references documents sent to dealers explaining the warranty on May 29 and May 30, 2013. He signed the declaration on June 12, 2013.

The Parts and Service Bulletin Amendment No. NPSB13/006a (Exhibit 1 to his declaration and page 5 of the pdf) is the document I would take with me to the dealer if I was trying to get a battery replacement and was told I didn't qualify because I opted out. That document says nothing of the class action settlement and has faqs for the dealers that indicate that the new expanded warranty that applied to new 2013 cars now applies to 2011 and 2012 models distributed in North America.

The document says the first step for a dealer in replacing a battery is to confirm coverage under "SERVICE COMM" and to look for any open service campaigns, and complete any open ones.
Apparently the SERVICE COMM screen will look something like:
EV LI-ON BATTERY CAPACITY WARRANTY XX/XX/XX 60,000 Miles

 

[mwalsh]

I ran across some of the documents that were filed in 2013 in the Klee v. Nissan class action lawsuit on this page:
http://classaction.kccllc.net/content.aspx?c=5619&sh=1

In the Declaration of Warren DeBardelaben http://classaction.kccllc.net/Documents/NNK0001/EX 2 - JL Dec (Decl of BeBardelaban) Conformed.pdf
he talks about the new, expanded warranty that came out in May, 2013. He references documents sent to dealers explaining the warranty on May 29 and May 30, 2013. He signed the declaration on June 12, 2013.

The Parts and Service Bulletin Amendment No. NPSB13/006a (Exhibit 1 to his declaration and page 5 of the pdf) is the document I would take with me to the dealer if I was trying to get a battery replacement and was told I didn't qualify because I opted out. That document says nothing of the class action settlement and has faqs for the dealers that indicate that the new expanded warranty that applied to new 2013 cars now applies to 2011 and 2012 models distributed in North America.

The document says the first step for a dealer in replacing a battery is to confirm coverage under "SERVICE COMM" and to look for any open service campaigns, and complete any open ones.
Apparently the SERVICE COMM screen will look something like:
EV LI-ON BATTERY CAPACITY WARRANTY XX/XX/XX 60,000 Miles

That's another good one. How did we miss all this stuff? UNLESS...it was never there until recently? I know I've visited that site many times looking for information on where things were at and I don't remember the list of court documents EVER being that long.

 

[mwalsh]

Q: Are there any conditions for the application of this warranty?

A: ALL (my emphasis) terms, conditions, and exclusions relating to the warranty can be found in the Warranty Information Booklet, which should be reviewed for details.

Will someone please point to where the acceptance of a class action lawsuit settlement is noted as a condition related to the warranty in the Warranty Information Booklet, or for that matter where opting-out is noted as grounds for exclusion? :roll:

Interesting that exhibit 2 calls for $1500 as the maximum amount for expenses related to replacing the battery. That's a pretty generous amount from Nissan to reimburse the dealer. I thought they were notoriously tight with the labor reimbursement on warranty repairs?

 

[leafkabob]

[
That's another good one. How did we miss all this stuff? UNLESS...it was never there until recently? I know I've visited that site many times looking for information on where things were at and I don't remember the list of court documents EVER being that long.

It is possible it was put up recently. I suppose the law firm can decide what to put up, and when.

Because this law firm represents "the class" which includes all 2011 and 2012 owners (who haven't opted out), I would think that ANY class member could contact the firm and ask them for a copy of any document that was filed in court. Whether they would give other documents "discovered" is unknown.