Amended Settlement in Klee v. Nissan

[TomT]

P3227 is mandatory for a warranty battery replacement claim so you might want to have it done sooner rather than later so that it can stabilize and drift down to the correct value...

Plus have avoided P3227, and Mike has shown takes over two months for that to settle out.

 

[TomT]

Actually, I had a problem with my warranty battery replacement, called the law firm (they are near me in Century City), left a message, and one of the actual attorneys called me back personally within 30 minutes. He was extremely helpful and took care of my problem for me immediately. I have nothing but kudos for him on that front!

If you are serious about wanting an answer, you may get better results by writing to them (and cc the law firm representing plaintiffs) than calling them.

 

[Valdemar]

Actually, I had a problem with my warranty battery replacement, called the law firm (they are near me in Century City), left a message, and one of the actual attorneys called me back personally within 30 minutes. He was extremely helpful and took care of my problem for me immediately. I have nothing but kudos for him on that front!

If you are serious about wanting an answer, you may get better results by writing to them (and cc the law firm representing plaintiffs) than calling them.

Can you share any details?

 

[KillaWhat]

Can you share any details?

Yes Please ?!

 

[Valdemar]

Can you share any details?

Yes Please ?!

Unless I missed it TomT has been suspiciously silent about this transaction, I suspect there is a NDA at play. The plot thickens

 

[TomT]

No, I just have a life and have been busy...

Nothing particularly suspicious... Since I had opted out initially and then sent in the form to opt back in, I still showed as ineligible with B0133 when the car was dropped off at the dealer because the batch of opt-in forms had not yet been sent in due to the final June 30 date to opt-in still being a few days in the future. The attorney called the Nissan attorney, told them that they had my opt-in form in hand, and the Nissan Attorney then had Nissan remove the exclusion from my record immediately, prior to the processing date. It all took less than an hour. Otherwise, I would have had to sit until it could get processed, entered, and my warranty claim then moved forward... The attorney was very nice and extremely helpful.

Unless I missed it TomT has been suspiciously silent about this transaction, I suspect there is a NDA at play. The plot thickens

:shock: :shock:

 

[mbutter]

Has anyone who opted out of the settlement tried to have the battery repaired/replaced?

I opted out, and just dropped to 9 bars a couple of weeks ago. I have 11 months to go before hitting the 5 year mark and am at 39K miles. I did confirm that I have the B0133 code on my car, so am wondering what I might expect if I hit 8 bars.

 

[mwalsh]

Has anyone who opted out of the settlement tried to have the battery repaired/replaced?

I opted out, and just dropped to 9 bars a couple of weeks ago. I have 11 months to go before hitting the 5 year mark and am at 39K miles. I did confirm that I have the B0133 code on my car, so am wondering what I might expect if I hit 8 bars.

Well, among other possible motivations, you probably opted out to retain your legal rights. So it'd be time for you to exercise those rights on an independent basis.

One thing you probably shouldn't expect is to get a new battery pack under warranty from Nissan. I think this much has become clear.

 

[TomT]

If you didn't opt back in by the June 30 deadline, you are likely out of luck. This was made very clear to me when I lost my 9th bar just a few miles before the warranty lapsed... Suing would be your only option.

I opted out, and just dropped to 9 bars a couple of weeks ago. I have 11 months to go before hitting the 5 year mark and am at 39K miles. I did confirm that I have the B0133 code on my car, so am wondering what I might expect if I hit 8 bars.

 

[leafkabob]

Has anyone who opted out of the settlement tried to have the battery repaired/replaced?

I opted out, and just dropped to 9 bars a couple of weeks ago. I have 11 months to go before hitting the 5 year mark and am at 39K miles. I did confirm that I have the B0133 code on my car, so am wondering what I might expect if I hit 8 bars.

Did you receive the letter below in the mail from Nissan? If so, did you have the software update done? If so, then you should be covered. However, based on what TomT was told, Nissan may try to claim that you don't qualify.

If you received the letter and otherwise meet the requirements in the letter, then you should talk to an attorney. My guess is that a quick lawsuit would result in a win for you, and attorney's fees for your lawyer. I don't see anything in the letter Brian Brockman posted (http://www.mynissanleaf.com/viewtopic.php?f=4&t=13192#p299752) that says the warranty in any way relates to the class action lawsuit.

Dear Nissan LEAF Owner:

Nissan values the feedback that we receive from our owners, and we try to use your comments to improve our products. With the goal to provide the highest level of customer satisfaction, Nissan is now offering two ongoing improvements for your Nissan LEAF.

First, Nissan is providing a new software enhancement for model year 2011-2012 LEAF vehicles, updating them with the software currently used in production for 2013 model year LEAF vehicles. The software enhancement is aimed at improving the accuracy of the battery capacity level gauge and providing greater compatibility with an expanded range of EV charging equipment.

Second, Nissan is now implementing expanded coverage under its New Electric Vehicle Limited Warranty, to protect against capacity loss in your LEAF’s lithium-ion battery, as previously announced by Nissan in December 2012.

SOFTWARE ENHANCEMENT

The 2013 LEAF features many improvements, including updated software that improves the performance of the battery capacity level gauge (outlined below) to more accurately reflect actual battery capacity. This update does not change the amount of capacity represented by the each of the bars in the meter.

In addition, the vehicle’s on-board charger software has been enhanced to improve compatibility with a broader range of EV charging equipment. By updating the software for 2011 and 2012 vehicles, Nissan is providing customers with the benefits of these ongoing improvements enjoyed by owners of the 2013 LEAF.

WHAT NISSAN WILL DO

To ensure your continued satisfaction and confidence in your car, your EV Certified Nissan dealer will update the software as described above at no cost to you for parts and labor.

WHAT YOU SHOULD DO

Contact your EV Certified Nissan dealer at your earliest convenience in order to arrange your appointment. This service is free of charge and the work should take less than 2 hours to complete. To ensure the greatest convenience to you, it is important that you have an appointment before bringing your vehicle to the dealer for this service. Please bring this notice with you to your service appointment. Detailed instructions have been sent to your EV Certified Nissan dealer.

EXPANDED WARRANTY COVERAGE

In addition to the existing lithium-ion battery coverage provided under the Nissan Electric Vehicle Limited Warranty for defects in materials or workmanship, the lithium-ion battery for your 2011 or 2012 Nissan LEAF is now also warranted against capacity loss below nine (9) bars (or approximately below 70 percent) as shown on the vehicle’s battery capacity level gauge for a period of 60 months or 60,000 miles, whichever comes first.

This warranty covers any repairs needed to return battery capacity to a level of nine remaining bars on the vehicle’s battery capacity level gauge. If possible, the lithium-ion battery components will be repaired or replaced, and the original battery pack will be returned to the vehicle. If necessary, the lithium-ion battery will be replaced with either a new or remanufactured battery. Any repair or replacement made under this Lithium-Ion Battery Capacity Coverage may not return the battery to an “as new” condition with all 12 battery capacity bars, but it will provide the vehicle with a capacity level of nine bars or more on the battery capacity level gauge.

Please apply the label at the bottom of this letter to your Warranty Information Booklet. If your vehicle’s battery capacity level is currently at or above nine (9) bars, no further action is required.

If your vehicle’s battery capacity level gauge is already displaying eight (8) or fewer bars of capacity prior to the above referenced software update (and within the first 5 years or 60,000 miles, whichever comes first), your Nissan dealer will verify this condition and arrange for the repair or replacement of the lithium-ion battery in accordance with the terms of the warranty.

Please note that replacement lithium-ion batteries may require special ordering which may delay the actual repair by several weeks. Your patience in these circumstances is appreciated.

If you have any questions about this announcement, you may contact the Nissan LEAF Call Center at 877-N0-GAS-EV (877-664-2738), or by writing us at Nissan North America, Inc., P.O. Box 685003, Franklin, TN 37068-5003.

Thank you for providing us an opportunity to ensure your satisfaction. We hope you continue to enjoy smooth, zero emissions driving in your Nissan LEAF!

 

[GerryAZ]

For what it's worth, I opted out after I had the battery in my 2011 replaced under the warranty terms in the letter Leafkabob referenced. The first notification of the class action lawsuit that I received came after my replacement battery was already on order (battery took several weeks to get here from Japan) so I thought it was a sham by the plaintiff attorneys to collect a large fee for nothing. I even asked the representatives at the EV Customer Service Center about the class action because they called periodically to keep me informed on the progress of the battery delivery. They told me they had no information regarding impact of the lawsuit on the warranty. To avoid the possibility of any argument, I waited to submit the opt-out paperwork until after the new battery was installed. I heard nothing from Nissan or the plaintiff attorneys until I received the opt-back-in forms this spring so both sides accepted my opt-out without question. I remain opted-out because I still consider it a sham and there was no possible benefit to me.

It should also be noted that the warranty language in the letter sent by Nissan is exactly the same as the warranty language in the owner guide for my 2015 (2013 and 2014 warranty language is likely the same, but I don't have those books to check).

Gerry

 

[dsh]

:mrgreen:

 

[dsh]

:mrgreen:

http://www.greencarreports.com/news/1098963_2016-nissan-leaf-range-to-top-100-miles-august-launch-possible-report

 

[mwalsh]

:mrgreen:

http://www.greencarreports.com/news/1098963_2016-nissan-leaf-range-to-top-100-miles-august-launch-possible-report

The important thing to note here is that the settlement agreement would seem to promise the most current packs applicable to our cars. If the 30kWh packs are indeed backwards compatible with 2011-2015 vehicles, and Nissan stops making 24kWh packs altogether, it's entirely possible that 30kWh packs could eventually be seen installed as warranty replacements.

 

[Evoforce]

If you take 24kwh = 84 miles. Divide 24kwh by 4kwh you get 6kwh. 84 miles divided by 6 you have 14 miles. So for every 6kwh = 14 miles. So if you believe your current pack goes 84 miles on 24kwh than an additional 6kwh to a 24kwh battery would yield 14 miles more than 84 to equal 98 miles range. I wish those were freeway miles!

 

[dsh]

Revised Nissan LEAF settlement over battery charge gets final go-ahead:

http://mobile.reuters.com/article/idUSL1N0ZO2H220150708?irpc=932

 

[Evoforce]

I only see where they specifically state that it will be a 24kwh battery that is used in the 2015 Leaf. Can you point out how that might happen for a 2011 or 2012 Leaf that is still under warranty? I would think, by the time they run out of stock of 24kwh battery inventory, warranties would have expired. Especially since they are going to have the 24kwh battery for the 2016 S model. It is interesting that they are not really mentioning model years after 11-12 if I remember correctly. That leads me to believe that 13-14 batteries had some sort of tweaking more than has been admitted.

 

[mwalsh]

I only see where they specifically state that it will be a 24kwh battery that is used in the 2015 Leaf. Can you point out how that might happen for a 2011 or 2012 Leaf that is still under warranty? I would think, by the time they run out of stock of 24kwh battery inventory, warranties would have expired. Especially since they are going to have the 24kwh battery for the 2016 S model. It is interesting that they are not really mentioning model years after 11-12 if I remember correctly. That leads me to believe that 13-14 batteries had some sort of tweaking more than has been admitted.

The newest 2011 MY LEAF will have a capacity warranty that expires in December 2016; the newest 2012 MY LEAF will have a warranty that expires December 2017. If they start manufacturing 30kWh battery packs in mid-2016 for the 2017 MY, AND discontinue manufacturing 24kWh packs around that same time, I think it's highly likely (assuming backwards compatibility) that some 30kWh packs could find their way into the 2012s at least.

 

[TomT]

Or they'll just keep a stock of 24Kwh batteries around for warranty purposes... Nowhere does it say that they have to be brand new... I find this much more likely. Sorry, but after everything that has gone on, I have no reason to believe Nissan won't take the cheapest route that meets the letter of the agreement...

If they start manufacturing 30kWh battery packs in mid-2016 for the 2017 MY, AND discontinue manufacturing 24kWh packs around that same time, I think it's highly likely (assuming backwards compatibility) that some 30kWh packs could find their way into the 2012s at least.

 

[mwalsh]

Or they'll just keep a stock of 24Kwh batteries around for warranty purposes... Nowhere does it say that they have to be brand new... I find this much more likely. Sorry, but after everything that has gone on, I have no reason to believe Nissan won't take the cheapest route that meets the letter of the agreement...

It does say (and I forget the exact wording) something like "the latest applicable technology".