Michael Mullock· Registered
Discussion Starter · #21 ·
Outstanding advice, will keep you updated. MMDon't want to burst any bubbles here, but the pictures I see here are of a rusting issue with a control arm. Nowhere am I seeing frame sections rusted.
Rusting is so prevalent that there is insurance just for that. BTW, for Nissan. it's good for 5 years, unlimited miles, common coverage offered for most of the cars on their list.
New Car Rust & Corrosion Warranty Guide (unhaggle.com)
Seeing that the part rusted is an external part, painted with a different process than the whole-body frame corrosion dip, it's actually considered a consumable part. Yes, Nissan has different paint specs for consumable parts. Parts that Nissan know from history that will possibly fail before the life of the vehicle are not given the same treatment. Only the body frame has to last until the vehicle's EOL, which is now rated for 10 years/250K miles.
MM, I know that you're frustrated, I would be too. But from experience, you're going in the wrong direction. You're wasting money sending the part out for analysis.
As a former mechanic, it is a mechanic's duty to report any issue that can potentially affect the drivability. It's up to the vehicle owner at that point if they want the issue resolved. If the issue is severe enough, the garage can prevent the owner from driving the vehicle off the premises, requiring the owner to get a tow truck to remove it.
You were failed in this aspect. If you have copies of receipts of when work was done that would have involved that area, then you have a good chance for some legal recourse.
With these receipts and pictures, you can go to a lawyer and claim "Negligence of Duty.". In other words, the dealer/garage failed to notify you of a seriously potentially dangerous driving situation. The lawyer might send the part out for analysis, but more than likely will subpoena the dealer/garage for the work records, revealing the mechanics who worked on the car in that area who can than be disposed on the condition when they worked on it.
Nissan will never let it get that far. They will settle as soon as they get the request for the work records, if they were the ones that worked on car in that area within the last year. If it was an independent garage, then they can also be sued, but insist that Nissan perform the repairs as part of the settlement. Settlement should include getting the vehicle back to a drivability state, refund any money out of pocket since it started and your lawyer's fees.
If you go this route, expect it to take a while, but the chances greatly increase that you'll get some satisfaction down the road as opposed to the route you're headed.
Have a good day.