— A Nissan Altima rust class action lawsuit is heading toward its final hearing for Missouri Altima and Maxima customers who claim the floorboard rust is so severe occupants could fall through the cars.
Although Nissan decided to settle the rust lawsuit, the automaker denies there are problems with the Altimas and Maximas.
In fact, Nissan argues the class action is bogus because the original plaintiff who sued drove her Altima for 12 years without any rust problems.
Judge Brian C. Wimes took note the plaintiff tried to get Nissan to repair the floorboard rust seven years after the Altima warranty expired. Then the plaintiff filed the class action when Nissan refused to pay for the repairs.
The judge also realized the plaintiff drove her Altima from 2003 to 2015 and allegedly never complained about rust problems.
Much of the lawsuit has been dismissed which now leaves the class action for only the following 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."
In addition, the Nissan Altima and Maxima cars "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."
Nissan Altima and Maxima Rust Lawsuit Settlement
Affected Missouri Nissan Altima and Maxima customers may be eligible for a repair program and a reimbursement plan.
Missouri Nissan dealerships will inspect for front floorboard corrosion and perform repairs for one year after the effective date of the lawsuit settlement. Currently a final hearing before the judge is scheduled for September 29, 2022.
A Nissan Altima or Maxima customer may also receive reimbursement if he/she paid for repairs of rusted front floorboards.
If a non-Nissan dealer repaired the floorboard rust, 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 reimbursement.
The Nissan customer who filed the rusted floorboard class action lawsuit expects to receive $6,000, and her attorneys expect to receive nearly $3 million.
The Nissan Altima and Maxima 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.