— A Nissan Altima rust class action lawsuit settlement has been reached between Nissan and the Altima owner who sued over rusted floorboards.
But in addition to the 2002-2006 Nissan Altimas included in the lawsuit, the proposed settlement also includes 2004-2008 Nissan Maxima cars.
However, the rust class action lawsuit includes only consumers 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."
According to the Nissan rusted floorboard class action lawsuit, the floor pan corrosion is so bad a driver can see the road through the floorboard rust.
Missouri plaintiff Laura Frances Hays says she purchased a new 2003 Nissan Altima, but 12 years later in 2015 she saw a TV report about rusted floorboards.
An inspection discovered a rusted front passenger floorboard, but the plaintiff says it would cost $4,000 to $5,000 to repair the floorboard, so she paid $459 to cover the rusted floorboard with sheet metal.
Nissan allegedly wouldn't pay to repair the floorboard rust, so she traded the Altima when it had 103,000 miles and a year after she traded the car she filed the class action lawsuit.
According to the Nissan class action lawsuit, the Altima and Maxima floorboards are shaped in a design that collects moisture which causes corrosion.
Nissan argued the plaintiff drove her Altima for an entire 12 years without noticing any rust problems, then the plaintiff expected Nissan to cover the expense under warranty even though the Altima corrosion warranty expired seven years before.
Nissan Rust Class Action Lawsuit Settlement
Although Nissan decided to settle the rusted floorboard lawsuit, the automaker says it denies all the allegations and settled because of the cost and trouble of continued litigation that began in 2017.
What began as an Altima rust class action lawsuit turned into an Altima and Maxima lawsuit that was mostly dismissed. According to the settlement, only a claim under the Missouri Merchandising Practices Act remains.
Model year 2002-2006 Nissan Altima and 2004-2008 Nissan Maxima customers may be eligible for reimbursement and repairs.
Nissan Rusted Floorboard Repair Program
According to the Nissan class action lawsuit settlement, Missouri dealerships will inspect for front floor pan corrosion and perform repairs for one year after the settlement's effective date.
It may also be possible to receive a rental vehicle for up to five days while the Altima or Maxima is being repaired.
Nissan Rusted Floorboard Reimbursements
Altima and Maxima customers who previously paid for front floor pan corrosion repairs in Missouri may be eligible for reimbursement as long as a customer files a timely claim and provides all required documentation.
"Supporting information includes documents and/or other information sufficient to verify: (1) proof of repair and repair cost; (2) proof of payment; and (3) sufficient information to enable the Settlement Administrator to verify Missouri ownership at the time of the repair." — Nissan rust class action lawsuit settlement
If the work was performed by a non-Nissan dealership the reimbursement is limited to $5,000.
A Nissan Altima or Nissan Maxima customer who cannot provide the necessary documents to support a full reimbursement claim will be limited to $300 for reimbursement.
The Nissan Altima customer who filed the class action lawsuit expects to receive $6,000, and the attorneys who represent the plaintiff expect to receive nearly $3 million.
The Nissan 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, Stueve Siegel Hanson LLP, and Dollar, Burns & Becker.