Public Mediation

Tom Benner vs. Nissan Motors

T. B. vs. Nissan North America Inc
United States
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Statement of Claim
Claimant says:
"The rear differential went out on my 2005 Nissan Titan and when the mechanic calls all Nissan garages they won't sell just the gears needed they tell us that you have to buy the whole assembly and it is 4,000.00 My mechanic says any other company you can buy just the parts but Nissan will not allow it. How can they be allowed to do this ? The part would be a couple hundred dollars if they sold it that way. How can they expect people to have that kind of money laying around, plus Nissan knows there is trouble with the rear differentials on the 2005 Titan but are not willing to do anything about it now. The truck only has 102,000 miles on and has never towed anything or hauled heavy weight, just used to get back and forth to work. So they know of an existing problem but continue to price gouge the public and there is nothing we can do about it.
"
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Additional Communication Between Claimant and Nissan North America Inc Hide
  • Apr 27, 2016, Claiming party added:
  • I truly did not expect anything from your company because you are making too much money ripping everyone off. But believe me I am not done with this and will never buy another Nissan product and will make sure to let people know through social media and other avenues how shitty of a company you really have at Nissan. I am not letting this drop... believe me.

  • Jun 24, 2016, Nissan North America Inc (responding party) added:
  • We appreciate Mr. Benner contacting Nissan North America regarding his 2005 Titan and allowing us the opportunity to review his situation.

    NNA provides a New Vehicle Limited Warranty to cover repairs needed to correct defects in materials or workmanship up to 36,000 miles or 36 months, whichever occurs. From the information Mr. Benner provided in April 2016, his vehicle was approximately nine years and 66,000 miles outside of the warranty, but because NNA is dedicated to winning lifetime customers, we review for financial assistance on a case by case basis.

    We have reviewed all of the information specific to Mr. Benner’s situation and determined we are not in a position to offer any assistance for the rear differential repair. Our position was provided to Mr. Benner directly on April 21, 2016.

  • Jun 24, 2016, Claiming party added:
  • I am not asking for assistance !! I wanted an answer as to why they make you buy the whole rear assembly, instead of just the gears like all the other manufacturers do, especially since they know there has been an issue with these rear ends from new. I never asked for money just wanted to pay 400.00 instead of 4000.00. Again it is fine I will never own another Nissan their product and policies suck.

  • Jun 24, 2016, Claiming party added:
  • I am not asking for assistance !! I wanted an answer as to why they make you buy the whole rear assembly, instead of just the gears like all the other manufacturers do, especially since they know there has been an issue with these rear ends from new. I never asked for money just wanted to pay 400.00 instead of 4000.00. Again it is fine I will never own another Nissan their product and policies suck.

  • Jun 24, 2016, Claiming party added:
  • I am not asking for assistance !! I wanted an answer as to why they make you buy the whole rear assembly, instead of just the gears like all the other manufacturers do, especially since they know there has been an issue with these rear ends from new. I never asked for money just wanted to pay 400.00 instead of 4000.00. Again it is fine I will never own another Nissan their product and policies suck.

  • Jun 24, 2016, Claiming party added:
  • I am not asking for assistance !! I wanted an answer as to why they make you buy the whole rear assembly, instead of just the gears like all the other manufacturers do, especially since they know there has been an issue with these rear ends from new. I never asked for money just wanted to pay 400.00 instead of 4000.00. Again it is fine I will never own another Nissan their product and policies suck.

  • Jun 24, 2016, Claiming party added:
  • I am not asking for assistance !! I wanted an answer as to why they make you buy the whole rear assembly, instead of just the gears like all the other manufacturers do, especially since they know there has been an issue with these rear ends from new. I never asked for money just wanted to pay 400.00 instead of 4000.00. Again it is fine I will never own another Nissan their product and policies suck.

What Claimant Wants Hide
Just make me happy!
Claimant invites Nissan North America Inc to make a fair offer.
1. Other – Copy claim to regulators Apr 27, 2016 $14.99
2. Other – Pay for claim posting cost Apr 27, 2016 $7.99
3. Other – Physical delivery charges Apr 27, 2016 $2.99
Cash total : TBD
  • 1
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Respondent's Counteroffer Hide
The claimant's settlement terms were rejected with the following explanation:
  • ""

This claim will remain posted until resolved.

  • 0
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  • 3
  • Contributed Solution: by Sally Bavis On 06-20-2019
    I have a 2006 Nissan Sentra with an ECM recall. My car hasn't ECM error, and has been displaying the symptoms for 6 months. They refused to honor the recall. They're saying my part number is different. So I'm supposed to believe they throw any old part in the same car. They just keep giving me stupid answers. If I don't get it fixed the car is junk. It's $1,000 fix and they just don't want to do it
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  • 4
  • Contributed Solution: by Geoffrey Beresford Hartwell On 12-09-2017
    On the basis of age and mileage, Nissan appear not to have liability (i'm not a lawyer). It's a pity Nissan do not offer to sell the parts. Is there a difficulty in assembly that prevents repair?
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  • 3
  • Contributed Solution: by Geoffrey Beresford Hartwell On 05-16-2017
    Exchange repair More...
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  • 3
  • Contributed Solution: by Mina Rizk On 04-21-2017
    Go Aftermarket More...
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  • Comment: by Janice Pfeiffer — Online mediator
  • On: 04-11-2017
  • I had a problem with a new Nissan and their customer service people in Franklin, Tennessee will bounce you around from one person to another.  I think they do it hoping you will get tired of their games and just go away.  Basically, Nissan has no customer service.  They won't assist you if there is money involved and if you hang in there through all of their switching from one person to another, the last one will do her best to insult you to no end.  They should not be allowed to continue selling cars in the US.  They have no business sense and no regard for Nissan owners.  When I filed with the BBB of Tennessee, there response was they sympathize but their policy yada yada.  Well, Nissan will never make another dime off of me and I would stop anyone I know from buying a Nissan.  They are not a reliable and upfront company.   I sympathize with anyone who owns a Nissan now.  And we need not even get into their recalls.  
  • 3
  • Contributed Solution: by Fran Fellowes On 10-04-2016
    Would like to see Nissan explain why gears etc. aren't available More...
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  • Comment: by Jim Wicks (1782 points) — Former Atip Intern, Occasional Contributor And Moderator
  • On: 10-03-2016
  • Joseph H's question and comment bring up some key points.  It's valuable to get insight into this situation from someone with inside knowledge and long experience.   (Small point:  I would classify this not so much a solution as necessary questions before a recommendation can be made for what a settlement ought to be.)

    The claimant says his mechanic singled out Nissan as being alone in its adherence to the full-assembly-replacement approach – which, if accurate, would seem to say that other manufacturers are finding a way to deal with this type of repair that's more economical for owners.  So maybe there's a basic difference in philosophy between Nissan and the others –and it's one that buyers might want to be aware of before making a purchase if they're thinking of long-term ownership.



  • 3
  • Contributed Solution: by Joseph Henmueller On 10-03-2016
    Much more repair information is required to resolve this issue. Start with the (4) C's . Complaint, Cause, Correction, and Confirmation of repair. Factual details of each are necessary to make a valid determination. More...
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Is this a fair resolution?
  • Question: by Jared Monroe — Online mediator
  • On: 10-02-2016
  • My question is what parts in question have actually failed, that would only cost $200?


    Jared Monroe

    ASE Master certified Technician.

  • 5
  • Contributed Solution: by J Petaluma On 09-28-2016
    Remarkably reasonable query from claimant and remarkably disingenuous response from Nissan regarding Titan rear differential. More...
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