Amended Settlement in Klee v. Nissan

[Evoforce]

Here is my question. I am the second owner of the car. From what I read, the original owner receives the $50 check or NTCT card, but as the second owner or last owner, I receive nothing because they are only issuing one compensation per vehicle ID. That means I am stuck with what a former owner has or hasn't done including opting in or out and I don't get the NTCTC card or the $50 check. I don't believe my car was opted out because of the Service-comm report from the dealer that says NO PNC WARRANTY EXCLUSIONS on the dealer form that I got from them on my vehicle history. Am I reading and interpreting this all correctly? Keep in mind that I am also the owner of a Leaf that looks like it may not have had all of it's battery checkups. But the dealer told me that a battery checkup was not necessary and I was still covered anyway. I am not sure what my rights are in all of this.

 

[mwalsh]

Here is my question. I am the second owner of the car. From what I read, the original owner receives the $50 check or NTCT card, but as the second owner or last owner, I receive nothing because they are only issuing one compensation per vehicle ID. That means I am stuck with what a former owner has or hasn't done including opting in or out and I don't get the NTCTC card or the $50 check. I don't believe my car was opted out because of the Service-comm report from the dealer that says NO PNC WARRANTY EXCLUSIONS on the dealer form that I got from them on my vehicle history. Am I reading and interpreting this all correctly? Keep in mind that I am also the owner of a Leaf that looks like it may not have had all of it's battery checkups. But the dealer told me that a battery checkup was not necessary and I was still covered anyway. I am not sure what my rights are in all of this.

Your situation seems quite complicated. I would contact the settlement administrator in an effort to protect your rights as the new/current owner.

 

[TimLee]

... I am not sure what my rights are in all of this.

I agree with Mike.
The legal uncertainty for a second or third owner is downright bizarre.
Standard warranty provisions normally transfer to follow on owners.
But the class action settlement and the amended settlement $50 (or 90 days free to charge card if in a market that supports it) is a very strange legal situation.

 

[mwalsh]

Last day to overnight your opt-in form, if you wish to opt back in but haven't yet.

 

[LTLFTcomposite]

Do I get $50 if I opt back in (even though the car was returned)? I'd need to overnight it?

 

[HighDesertDriver]

Last day to overnight your opt-in form, if you wish to opt back in but haven't yet.

Mike,

I read through pretty much the whole MNL site in 2011 before ordering our Leaf, and very much appreciated the postings and opinions of frequent posters like yourself and Gary. I was not completely comfortable with the unwarranted capacity of the battery, but decided after 20 years of watching EVs from the sidelines to take the leap. I just wanted you to know that although I did not opt out of the ammended settlement, I very much appreciate the way you have regularly posted links, opinions, and reminders so that others can decide what to do at this new 30 April juncture.

Our Leaf use and battery capacity are roughly the same as your's, although the desert has likely pushed our battery a bit harder. We are now down to within the last kWh of losing our fourth capacity bar and I am starting to decide on where to get our battery replaced. The Leaf has been 100% reliable for us and we plan on keeping it for local driving. Perhaps with the new battery and restored range, we will drive the Leaf to the Saturday breakfast and thank everyone in person.

Bob

 

[mwalsh]

Do I get $50 if I opt back in (even though the car was returned)? I'd need to overnight it?

No clue. That's probably a question for the settlement administrator.

^ Thanks for the kind words, HDD!

 

[Pipcecil]

Hmmm, maybe some of you attorney types can answer this:

The amended settlement says that replacement batteries under warranty should receive the latest battery chemistry and technology. My was NOT. Before my battery was replaced (before I even lost my 4th bar), Nissan announced the new heat resistant battery AND the purchase (with buyback) program for a new battery. About a couple of weeks later I lost my 4th bar and did the process to have it replaced. I asked the Nissan rep when I initiated the process if I would be getting a new "heat resistant" battery. He said no, that those batteries were only for paying purchasing customers and cannot be used for warranty replacements and he did confirm I would get a standard first gen battery.

Fast forward a couple of weeks after I got my battery and other leaf owners posted their warranty replacements included the new heat resistant battery (so I missed it by a few weeks).

Can I go back to claim against Nissan they did not install the latest and best technology in my car? The new battery was officially out (if I had spent money I could have purchased one the same day I had my battery replaced under warranty) or is this one of the - tough luck deals and only applies from the date the settlement is finalized on forward?

 

[leafkabob]

Hmmm, maybe some of you attorney types can answer this:

The amended settlement says that replacement batteries under warranty should receive the latest battery chemistry and technology. My was NOT. Before my battery was replaced (before I even lost my 4th bar), Nissan announced the new heat resistant battery AND the purchase (with buyback) program for a new battery. About a couple of weeks later I lost my 4th bar and did the process to have it replaced. I asked the Nissan rep when I initiated the process if I would be getting a new "heat resistant" battery. He said no, that those batteries were only for paying purchasing customers and cannot be used for warranty replacements and he did confirm I would get a standard first gen battery.

Fast forward a couple of weeks after I got my battery and other leaf owners posted their warranty replacements included the new heat resistant battery (so I missed it by a few weeks).

Can I go back to claim against Nissan they did not install the latest and best technology in my car? The new battery was officially out (if I had spent money I could have purchased one the same day I had my battery replaced under warranty) or is this one of the - tough luck deals and only applies from the date the settlement is finalized on forward?

Not an attorney, but my understanding is that a class action settlement is not in effect (and enforceable) until it has been approved by the court.

 

[TimLee]

... Can I go back to claim against Nissan they did not install the latest and best technology in my car? The new battery was officially out (if I had spent money I could have purchased one the same day I had my battery replaced under warranty) or is this one of the - tough luck deals and only applies from the date the settlement is finalized on forward?

I do not know legally.
But Nissan officials did discuss at the August 2013 dinner and/or the big Phoenix meeting that people that replaced early would receive certificate for replacement at later date with the new chemistry battery.

I hope they do that for you.

But as someone who confronted Nissan about missing option that I paid for, and got told they would do nothing because they could not prove I wasn't lieing, I do not trust Nissan at all.
Unfortunately you may be out of luck.

Love the LEAF.
My 2009 Altima is a very good midsized ICE.
But as a Tennessean I detest Nissan's completely inaccurate marketing of the LEAF and how they handled the missing option on my 2011 LEAF a mistake by the Jacksonville options installer along with leaving a rotting bell pepper underneath the LEAF storage compartment.
They should not lie to people and should not infer that their customer is a liar.
:!: :!: :!: :!:

 

[mwalsh]

Can I go back to claim against Nissan they did not install the latest and best technology in my car? The new battery was officially out (if I had spent money I could have purchased one the same day I had my battery replaced under warranty) or is this one of the - tough luck deals and only applies from the date the settlement is finalized on forward?

Yeah. I think you'll find Nissan claiming that your battery was swapped for "customer satisfaction" rather than as a result of the warranty or the settlement that "supposedly" begat it, so it will probably fall under the SOL clause.

Meanwhile, of course, most of us have been claiming that the warranty is not a result of a settlement because there is no "settlement" yet. Yes, that old chestnut.

 

[mwalsh]

Just to let you guys know that I'm in the dealer today for the CV joint clicking issue and the B0133 warranty exclusion is already off my car.

 

[TomT]

They were all batch processed the day after the filing deadline. Anyone who opted back in should be clear now.

Just to let you guys know that I'm in the dealer today for the CV joint clicking issue and the B0133 warranty exclusion is already off my car.

 

[Evoforce]

OK, I called the number for the claims admin since we have purchased our two leafs Feb 28th and April 28th this year and did not get a notice. They are sending out paperwork for us to sign even though it is after April 30 for us to be part of this suit and opt in.

 

[Evoforce]

OK, get this. The settlement Admin people called me back today and said that they hadn't considered anyone that was in our condition. Surprise? :roll: They will be getting back to me by Friday after they talk to the Atty's involved to confirm how they will proceed. They may require a letter from me about additional things including a statement that I am the new owner of the vehicles. They may also run all the vin numbers at settlement to confirm vehicle ownership of the group at the time of settlement. Will let everyone know the result. By the way... Neither of my vehicles were previously opted out.

 

[mwalsh]

OK, get this. The settlement Admin people called me back today and said that they hadn't considered anyone that was in our condition. Surprise?

I wish it were a surprise. WORST. LAW. FIRM. EVER.

Edit: I actually will give them kudos for the quick removal of the B0133 flags.

 

[smkettner]

Hello,
I'm sitting here looking at the form and I'm thinking I might remain opted out. Not sure really.
1. I'm pretty sure I'm not going to trip the warrantee. After 40k miles and 50 months my Leaf is still at 11 bars & 84% capacity.
2. Maybe I'll end up suing to force them to sell me a replacement battery in 4 years. Not sure if the claims / issues of this settlement would overlap the possible future one. Worrisome since the current settlement indemnifies Nissan and their dealers about battery issues.

Opinions anyone?

Why would you need to sue Nissan to sell you a battery?
Pretty sure Nissan has given a price for the installed exchange.
Just take it in.

 

[TimLee]

They were all batch processed the day after the filing deadline. Anyone who opted back in should be clear now.

I opted back in and confirmed yesterday at dealer that the exclusion has been removed.

Never got the signature return receipt card, but they must have got the Opt In.

Still extremely marginal on losing two more bars in 53 weeks.
Just need a really warm summer with multiple 104F days like it experienced it's first summer.
Plus have avoided P3227, and Mike has shown takes over two months for that to settle out.

 

[Evoforce]

The settlement people never contacted me back as they said they would. So.. I have no more info.

 

[leafkabob]

The settlement people never contacted me back as they said they would. So.. I have no more info.

If you are serious about wanting an answer, you may get better results by writing to them (and cc the law firm representing plaintiffs) than calling them.