[Pilgrim]

It depends on where you live. Rust is a much more immediate and severe problem in some parts of the US and the world. Not much of a problem in many other areas.

 

[Pilgrim]

The key phrase in that letter seems to me to be: "...product problem, failure, or malfunction that may have caused or contributed to the incident. "

They're simply saying it's not a manufacturer's defect. And since rust is progressive, I agree that the problem should have been spotted long ago and brought to your attention. This is what we expect when we take our car to a dealer or to a professional shop - they should visually inspect the underside of the car.

I assume your argument is that their rustproofing was inadequate to provide safe service from the vehicle. I think you would have to produce a lot of similar incidents to prove the case. I have read a number of reports of rust on rear suspension members over the past few years, but I wouldn't say that they added up to an epidemic of it.

BTW, would I be correct in guessing that the OP lives in a state with lots of road salting and corresponding heavy vehicle rust?? I don 't think it was mentioned.

Also BTW....I agree that this stinks, but it should have been dealt with before the part failed.

 

[Pilgrim]

Actually as luck would have it, Piazza Nissan of Ardmore, on 08/02/2022 did some work on vehicle VIN No.: JN8AZ1MW4DW301652. The work required the car to be put on a lift and the charge was for $1238.50.

On the Invoice 236055, Item B , Health Check, MPI, "Perform Nissan’s 27 point vehicle inspection." Nissan’s Complimentary Multi-Point Inspection (CMPI). There are six categories to the CMPI.
The third category is titled UNDER VEHICLE. The first item is Rear Shocks/Rear Subframe/ Suspension.

No notice either in writing or verbally was given to me advising me of the catastrophic deterioration in that area. The Nissan factory trained mechanics could not see any problems.
I left the agency in total comfort that my vehicle was roadworthy, repaired and inspected by Nissan.

Well then, your recourse is against the dealer who didn't perform the work you paid for and notify you of the failing suspension member. They're the ones to pursue.

 

[Pilgrim]

After some reflection, I bet that service guys HATE having to go to customers and tell them their Pootmobile's rear suspension doodad is rusty and needs to be replaced. All too many customers would assume they're being screwed into replacing parts without need. I'm fortunate that the shop I use goes out of their way to let you know about any item that could need work. They're smart enough to realize that they get some additional work out of that. But I am used to evaluating what they tell me and saying "thanks but no" to items that aren't urgent or important. I can replace a cabin filter or fan belt myself. More important, I have enough automotive knowledge that I can evaluate what they tell me. Knowing the basics of cars is important even if you don't work on them.

At any rate, that might - just might - be a reason it wasn't brought up. But if the rust was severs (and it clearly was) then there is no excuse for not reporting it. They didn't do their job.

 

[Pilgrim]

Thank you Pilgrim. I naively thought that Nissan would be concerned about the danger to their other customers. They are not.

In a legal sense, that's probably irrelevant to your situation. What I think matters (and perhaps might be actionable) is the faulty work of the dealership's service department.

The larger issue is noble and all that - but the rubber meets the road where you can find fault, and IMO that's the dealer, not Nissan.

 

[Pilgrim]

Age isn't always the issue. Look at the Tabata recalls that are ongoing with cars that are 15+ years old.

 

[Pilgrim]

You may be on a personal campaign, and I understand that. However, it would be helpful to the rest of us to hear that you are taking action on the aspect of this that you CAN do something about.

There has been a separate request for owners to join an action against Nissan for their neglect of the Crosscabriolet for some time. To my knowledge, no real progress has ben made. I think you have even less chance of galvanizing others to action. What you have is a rusted out part because you live in a high rust area, and the people who maintain your car screwed up and didn't catch it before a dangerous failure happened. Whether Nissan is legally responsible for that is an open question, and I doubt you want to spend a few hundred thousand dollars on a lawsuit to find out.

We understand your passion, but please spend some time focusing on the actions that you can take on a practical basis.

 

[Pilgrim]

My experience with Nissan is that an inspection was made and nothing was noted. This needs to be fixed. Money talks and BS walks.

A correction: Your experience with THE DEALER is that an inspection was made and nothing was noted.

Nissan as a corporation did not conduct the inspection; a retail outlet did. To me, that's a reflection only on the dealer/retail outlet. If money talks, once again, aim at the DEALER. You have an opinion, but no leverage against Nissan.

Determining Nissan's responsibility is another thing entirely. The rust may be evidence, but one instance doesn't prove anything.

I'll let the thread continue, but if it becomes an ongoing condemnation of Nissan without a way to pursue group action, I will close it.

 

[Pilgrim]

The car was purchased new and I would like to add that I am extremely grateful for all the comments on the original post . I am told that the failed parts will be available for inspection next week. I was amused by the PA standards discussing “rotted” parts. I did own a 1946 MG TC that had frame parts made of oak. Wood rots, iron rusts , maybe I’m grandfathered in😉

You're not alone! The term does seem off, but it's pretty descriptive.

 

[Pilgrim]

Your mechanic and/or tire installer should've caught it long time ago. Even I myself check the under carriage of my Murano atleast a couple of times a year because I know it's an older car that sees it's fair share of snow/salt and extreme weather.
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This is a good point. The "inspection" was not the only time this problem could have been spotted. Anyone who had a view of the rear suspension while doing tire work might have seen it.