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Long story short, the dealership’s service department is refusing to warranty the work done to my Xterra. Can a person sue the mechanic that actually did the work?
I don't believe so. Technically he would be protected under the dealership's umbrella. Escalate it to the service manager, failing that, the general manager, failing that, corporate office. Good luck!
 

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Discussion Starter #3
I don't believe so. Technically he would be protected under the dealership's umbrella. Escalate it to the service manager, failing that, the general manager, failing that, corporate office. Good luck!
I called Nissan customer service & was essentially told “tough doodoo”.
 

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I had my timing chain replaced at the dealership back home a little while back. Since then, the dealership has sold to a new owner. Come to find out week before last, there’s an oil leak coming timing chain cover that has wiped out my alternator. The dealership was hesitant about doing anything with it & I was out of town. They told me to take it to any dealership for any make to verify that it is leaking from where I said it was. 1 week & $120 dollars later at the Chevy house here I get the answer that I’m right. Yesterday, I call & tell them I was right with the paperwork from Chevy. Now, they’re not going to do anything about it. Nissan corporate isn’t going to do anything, either. It’s a case of mechanic negligence. If I can’t get the company to warranty their work, I’ll go after the person that did the work.

I don’t want anything special or extra. I just want it made right. If I have to go after a specific man to get it done, I will.
 

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Find out who the General Manager is - and call them. Then email them. Be professonal but firm on your stance.

If they stonewall you , then yes- go to Nissan US Corporate offices...which is I think : (800) NISSAN-1 ( 800-647-7261)

Then there is this gentleman : Andrew Tavi, VP Legal and Government Affairs and General Counsel, (615) 725-1000

Good luck
 

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I had my timing chain replaced at the dealership back home a little while back. Since then, the dealership has sold to a new owner. Come to find out week before last, there’s an oil leak coming timing chain cover that has wiped out my alternator. The dealership was hesitant about doing anything with it & I was out of town. They told me to take it to any dealership for any make to verify that it is leaking from where I said it was. 1 week & $120 dollars later at the Chevy house here I get the answer that I’m right. Yesterday, I call & tell them I was right with the paperwork from Chevy. Now, they’re not going to do anything about it. Nissan corporate isn’t going to do anything, either. It’s a case of mechanic negligence. If I can’t get the company to warranty their work, I’ll go after the person that did the work.



I don’t want anything special or extra. I just want it made right. If I have to go after a specific man to get it done, I will.
So, you're going to potentially ruin a guy's career and possibly his personal life over an oil leak? Crap happens, even to the best mechanics who follow the best directions. That's not negligence. Pull your head out. Your sense of entitlement is astounding. You don't even know if they're the person that did all the work. This is something to be handled by the company, they're the ones not honoring the warranty.
 

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So, you're going to potentially ruin a guy's career and possibly his personal life over an oil leak? Crap happens, even to the best mechanics who follow the best directions. That's not negligence. Pull your head out. Your sense of entitlement is astounding. You don't even know if they're the person that did all the work. This is something to be handled by the company, they're the ones not honoring the warranty.
Yeah, I have to admit there seem to be some holes in your story. What's a "little while back"? 2 weeks? 2 years? The world is an imperfect place, screws fall out all the time. Without knowing the whole story it's hard to judge, but your initial posts seem to be an over-reaction
 

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It sounds to me like they rushed it and didnt let the gasket maker sit long enough and of course some oil seeps out.

That should be squarely on the dealership to back up their work. The dealership is responsible for the actions of their employees.

you could try to go after the individual but ... they work at a dealer svc dept.. they aint got much to sue for... plus they are probably protected in some way as an employee. youd probably have better luck suing the dealership... but either way your probably going to spend more on a lawyer and court costs than its worth...
 

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Discussion Starter #10
Find out who the General Manager is - and call them. Then email them. Be professonal but firm on your stance.

If they stonewall you , then yes- go to Nissan US Corporate offices...which is I think : (800) NISSAN-1 ( 800-647-7261)

Then there is this gentleman : Andrew Tavi, VP Legal and Government Affairs and General Counsel, (615) 725-1000

Good luck
I did call both & got nowhere. Thanks for the line on another route.
 

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So, you're going to potentially ruin a guy's career and possibly his personal life over an oil leak? Crap happens, even to the best mechanics who follow the best directions. That's not negligence. Pull your head out. Your sense of entitlement is astounding. You don't even know if they're the person that did all the work. This is something to be handled by the company, they're the ones not honoring the warranty.
ENTITLEMENT?!?!?! Are you stupid? I PAID a lot of money for my truck to be fixed correctly. I am, by law, entitled to have all repairs done correctly. And, yes. I will ruin somebody that has screwed me over. The oil leak was never there before he worked on it. The oil leak has wiped out my alternator. The oil leak has cost me more money to diagnose, all because of his NEGLIGENCE.
 

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Yeah, I have to admit there seem to be some holes in your story. What's a "little while back"? 2 weeks? 2 years? The world is an imperfect place, screws fall out all the time. Without knowing the whole story it's hard to judge, but your initial posts seem to be an over-reaction
About 6-ish weeks ago. There are no holes in my story. It's cut plain and dry. I never had an oil leak before the repair. I had a leak after the repair. From the area of the engine I had repaired. Nobody wants to fix their mistake. I want it fixed correctly. I can't get anymore simple than that.

Screws never "just fall out." Ever. Improperly tightened screws fall out, not one that was tightened correctly.
 

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PebblePimp: I don't envy your situation. mtnbound seems to have a good perspective on things.


A less expensive and perhaps more effective route would be to go 'political'. Write formal letters. Get somebody with skills to proof-read and edit them. Copy the world. Actually, copy key places:

+ local media (newspaper, radio and television, especially the reporters that cover consumer and/or auto beats)
+ US-wide auto media
+ local auto dealership competitors
+ regional Nissan dealership peers
+ Better Business Bureau
+ Chamber of commerce
+ Nissan web chat fora
+ Facebook
+ Local politicians (civic, state, federal)

Start low key. Give the dealership a chance to respond to your first letter (10 days at the outside). Then re-write and start copying the world.

If you do this correctly, you can threaten to reduce the dealership's revenues and reputation capital by many multitudes of what it would cost the dealership to set things right for you.


It is important that you present yourself as competent and professional. Do NOT make it personal. Your above posts seem to indicate that you do want to make it personal. If that is indeed the case, I would suggest you give up and move on.
 

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ENTITLEMENT?!?!?! Are you stupid? I PAID a lot of money for my truck to be fixed correctly. I am, by law, entitled to have all repairs done correctly. And, yes. I will ruin somebody that has screwed me over. The oil leak was never there before he worked on it. The oil leak has wiped out my alternator. The oil leak has cost me more money to diagnose, all because of his NEGLIGENCE.
Your response proves my point, I don't need to say more.
 

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]

(Corrected)

Pursue this issue if you so desire.

I understand the dealership which originally performed your service has been sold to another owner.

Nevertheless, I would have assumed they would have stood behind a repair which was performed recently.

With this being said, return to your dealership with documentation of your original repair and the bill from your Chevrolet dealership. Calmly discuss your complaint without being arrogant. If you dont have your repair documentation, visit the service department first and ask for a copy to be printed.

Should the dealership not wish to repair your vehicle, ask for a reason for this decision and document it as such. I would be recording this conversation on your phone.

As has been said before, if needed start working your way up the Nissan ladder.
Calmly thank your dealership for the time they have spent with you today and say " I understand your decision on this matter, however I am not satisfied with there being no resolution." Lastly say ," I plan to pursue this issue with Nissan Consumer Affairs and need your name to document my attempt to resolve this issue locally."

With this being stated, if the dealership continues to fail to repair your car, contact Nissan and file a complaint.

NISSAN CONSUMER AFFAIRS
P.O. Box 685003
Franklin, TN 37068-5003

Phone: (800) NISSAN-1 (or 800-647-7261)

Monday through Friday:
7:00 AM to 10:00 PM CST

Saturday:
7:00 AM to 5:00 PM CST

Yes, you can always hire a lawyer and pursue litigation against your dealership.
In such a case as this, you may have more money spent in legal fees than if you just repaired your vehicle.

To be clear, you may fail to be compensated for your legal action and still have to fix your vehicle . This would clearly be adding Insult to injury.

Ps: Visiting your dealership with an attitude will resolve nothing other than your being asked to leave.

I understand how easily emotions may arise, but you need to present yourself in a professional manner while being reasonable in what your asking the dealership to do for you.
 

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ENTITLEMENT?!?!?! Are you stupid? I PAID a lot of money for my truck to be fixed correctly. I am, by law, entitled to have all repairs done correctly. And, yes. I will ruin somebody that has screwed me over. The oil leak was never there before he worked on it. The oil leak has wiped out my alternator. The oil leak has cost me more money to diagnose, all because of his NEGLIGENCE.
While I understand your overall grievance but...thinking you've been "screwed over" is where this falls apart slightly. Being screwed over implies intent, while this simply sounds like a mistake. Ruining someone over a mistake does scream entitlement, suing the company over a costly mistake on the other hand is understandable
 

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Your response proves my point, I don't need to say more.
Because I spent my hard earned money on services & they weren't performed correctly, I'm entitled? Entitled means that a person is deserving of special treatment & privileges. I'm not asking for anything extra. All I want is for my truck to be repaired correctly, not any extra. You really are stupid.
 

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While I understand your overall grievance but...thinking you've been "screwed over" is where this falls apart slightly. Being screwed over implies intent, while this simply sounds like a mistake. Ruining someone over a mistake does scream entitlement, suing the company over a costly mistake on the other hand is understandable
I have tried to be nice, polite, and understanding. I really have. But, when I keep getting told they don't WANT to make it right & I'm going to have to spend almost as much to fix the mechanic's mistake as the original repairs, plus other parts that were affected by their mistake; I'm going to do what I have to. To expect me to pay close to $5K for original work & fixing mistakes made by the mechanic is costly. Drilling an oil well costs millions of dollars. If I make a mistake, I could cost the production company 2-3 times more if I didn't fix them. I don't make them often and they are never major, because I am aware of the consequences.
 

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I have tried to be nice, polite, and understanding. I really have. But, when I keep getting told they don't WANT to make it right & I'm going to have to spend almost as much to fix the mechanic's mistake as the original repairs, plus other parts that were affected by their mistake; I'm going to do what I have to. To expect me to pay close to $5K for original work & fixing mistakes made by the mechanic is costly. Drilling an oil well costs millions of dollars. If I make a mistake, I could cost the production company 2-3 times more if I didn't fix them. I don't make them often and they are never major, because I am aware of the consequences.
100% understandable, sue the dealer no harm in doing so, my only point was suing the mechanic ruining him is on the vindictive side and that is was not an intentional. But yeah dude go for it and sue the dealer, it was a mistake but a costly one just not done with malice
 

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@PebblePimp, you have alleged that the dealership and/or the mechanic acted negligently.

What is your proof of negligence? Who told you the leak was caused by someone's negligence? How, exactly, was the conduct of the dealer or its employees negligent?

An oil leak, without further evidence, does not prove negligence. How do you know that RTV or sealant was applied incorrectly or that your issue isn't the result of a warped or damaged original part? How do you know that your alternator failed as a result of an oil leak rather than some other cause or that any work done by the mechanic was done incorrectly? This requires an expert opinion which you are not qualified to proffer.

What, exactly, did your expert at the Chevrolet dealership put in writing? Does that expert so as far as actually blaming someone for your problem? If so, let's see it.

Finally, if you can't get satisfaction from your local Nissan dealer or the Nissan corporate office you can always sue in small claims court. You will still need to pay for an expert to appear in court to testify on your behalf but at least you won't have lawyer fees.

As for suing the mechanic personally, be aware that he/she was an employee of the dealership and acting as its agent, meaning that the mechanic will seek indemnity from his/her employer, which in turn will be required to defend against the lawsuit and ultimately be on the hook for any judgment. You might as well sue the dealer directly and not name the mechanic as a defendant because suing the mechanic individually will only make you look ignorant and petty and ensure that the mechanic will go out of his way to disprove your contentions.

I hesitate to characterize you as being "stupid" for suing the mechanic individually even though that is how you frequently characterize those who don't agree with you.
 
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