— A Nissan class action lawsuit has been granted final approval after a Nissan Altima owner claimed her floorboard rusted 12 years after purchasing the car.
The Nissan class action lawsuit alleges 2002-2006 Nissan Altima and 2004-2008 Nissan Maxima cars in Missouri have defective front floor pans that prematurely rust and damage the vehicles.
The lawsuit alleges Nissan built the Altimas and Maximas with defective front floor pans that allowed moisture to become trapped in the floorboards.
That rust allegedly made the Nissan vehicles dangerous to drive, with some owners complaining about seeing through the floorboards because they are so corroded.
The Nissan class action lawsuit settlement includes these Missouri customers:
"All persons in Missouri who (1) currently own or lease a Class Vehicle, or (2) who previously owned or leased a Class Vehicle and paid for repairs to rust in a front floor pan of a Class Vehicle. Class Vehicles include model years 2002-2006 Nissan Altimas and model years 2004-2008 Nissan Maximas. Class Vehicles must either be currently registered in Missouri, or previously have been registered in Missouri at the time the Settlement Class Member paid to repair corrosion on a front floor pan."
The Nissan class action lawsuit began as a nationwide action for several claims including unjust enrichment, fraudulent concealment, breach of express warranty and violations of the Magnuson-Moss Warranty Act. However, by the end the case was limited to an alleged violation of the Missouri Merchandising Practice Act.
Nissan argued the owner who filed the class action lawsuit drove her Altima for 12 years before she complained to Nissan about floorboard rust. Then when Nissan wouldn't pay for repairs since the warranty expired seven years before she complained, the owner filed the class action.
According to Nissan, it denies all allegations in the lawsuit.
Nissan Floor Rust Class Action Lawsuit Settlement
For one year beginning September 30, 2022, a Missouri 2002-2006 Nissan Altima or 2004-2008 Nissan Maxima owner may take their car to a Missouri Nissan dealership to inspect for floorboard rust and corrosion.
According to the Nissan rusted floorboard lawsuit settlement:
"Nissan shall repair any Class Vehicle of a Settlement Class Member that presents with front floor plan corrosion free of charge to the Settlement Class Member. The repair shall be consistent with the Repair Plate format, as provided in Nissan's Technical Service Bulletin [TSB NTB15-059] dated July 6, 2015."
The settlement agreement says Nissan isn't responsible for repairing any undercarriage corrosion found by the dealership other than "floor pan corrosion." And the Nissan Altima or Nissan Maxima customer won't be charged for the inspection.
The Nissan class action lawsuit settlement also provides a rental vehicle for up to five days if a dealer must repair floor pan rust.
A Nissan customer may receive 100% reimbursement for repairs performed by Nissan dealerships, and reimbursement is capped at $5,000 for floorboard rust repairs at a non-Nissan dealer.
Nissan customers will be required to provide proof of floor rust repair expenses or else reimbursement is limited to $300.
The Nissan owner who filed the rusted floorboard lawsuit will receive $6,000, and her attorneys will receive $2,750,000 in attorneys’ fees and another $184,416.66 for expenses.Missouri Nissan Altima and Nissan Maxima customers can learn more at MissouriFloorPanSettlement.com.
The Nissan floor rust class action lawsuit was filed in the U.S. District Court for the Western District of Missouri: Laura Frances Hays v. Nissan North America, Inc, et. al.
The plaintiff is represented by Williams Dirks Dameron LLC, and Stueve Siegel Hanson LLP.
