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Transmission Woes With Extended Warranty


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#21 Grunt0322

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Posted 30 May 2014 - 06:08 PM

I believe you should take this to social media, Jalopnik, Motor Trend etc..
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#22 jpara

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Posted 30 May 2014 - 06:31 PM

UPDATE:

I hate the bring this news to you guys. NIssan is now voiding my warranty. The Security Plus Warranty people claimed to have sent someone out to look at my car and came back with this, "The car is 'heavily' modified and has been involved in closed circuit racing.

First off, my dealer told me that no one has even come out to inspect the car at all. Secondly, Nissan has hosted 2 GTR customer appreciation track days that I've been apart of in 2012(Laguna Seca) and 2013(Circuit of The Americas). Sounds crazy for a car manufacture to host a track day and then later deny your warranty because you tracked your car(at a Nissan event).

It's time for me to lawyer up.


You might want to reconsider, I reviewed the agreement I found online (http://www.vadenniss...d-preferred.pdf) and it states;

WHAT IS NOT COVERED
8.8 Any failures caused by racing or other competition.

Contractually they have covered themselves.

I think it sucks that Nissan would sponsor events where GT-R owners who registered end up on a list that enables Nissan to refuse to perform warranty repairs. That said, their position is defendable given the agreement / contract you signed if they can prove your VIN# was raced at their sponsored events.

I think if you go forward with the lawsuit the basis of it has to focus on Nissan sponsoring events where owners would unknowingly violate their warranty agreements if they participate and that Nissan had an obligation to disclose up front that all participants would be waiving their ability to request warranty service in the future.

#23 MC

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Posted 30 May 2014 - 06:39 PM

they have to prove the track event caused the error. also ilpayne always left VDC on which has always been a huge factor on warranty.

The more likely scenario is its a GR6 transmission with 92K miles on it thats wearing out and security plus is looking for an easy out rather than to give him a new one right before his 100K is up

there is multitude of people on here who get replacements for the common solenoid or shift fork or pressure issues that have a tune and god knows what else done. I think its more on how the extended warranty people are operating

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#24 mact3333

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Posted 30 May 2014 - 06:42 PM

Race implies "time event" or wheel to wheel competition right?...driving events like most dealership sponsored events usually are not considered a race according to most insurance companies.

I would definitely lawyer up...I would have awhile ago...that's unacceptable the things they have accused you of.

Edited by mact3333, 30 May 2014 - 06:43 PM.


#25 MC

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Posted 30 May 2014 - 07:22 PM

Race implies "time event" or wheel to wheel competition right?...driving events like most dealership sponsored events usually are not considered a race according to most insurance companies.



no its technically defined by nissan as really any off road driving.. runway anything. so its broad to encompass almost anything you do thats not normal day to day driving

but the flip side of that is it has to cause the failure. if im out driving and stumble on to a race track or a runway and take me a few laps before finding my way again...my warranty isnt void

If im at the track and hit a curb and mess my suspension up then that shouldn't be warranted. or if im out sliding around with VDC off where the car cant protect it self and something blows. no warranty

If illpayne was a drag guy and rolled into a dealership with a broke gear or axle or whatever thats one thing. having a transmission error that comes and goes like he has is another especially with no tune EVER and VDC ON

He is a good guy and one of our core first members...so im not happy at all about this situation

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#26 Guilotine

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Posted 30 May 2014 - 09:41 PM

Wow that is not good
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#27 Craig

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Posted 30 May 2014 - 10:06 PM

Prob. the first thing is to look at the invite for those track days and see exactly what is in the narrative about "racing" or "competition". Most are pretty careful to describe those as "driver education" events. Was there any lap times recorded at the event? Any "leader board" or "fastest lap" awards?

The other "somewhat positive" is that this is a 2009 where the base warranty exclusions were
  • Failure to use proper parts, fuel and fluids,
  • Driving with the VDC off,
  • Racing,
  • Modifications, including reprogramming or replacing/adding chips in any on-board computer,
  • Failure to have required Performance Optimization Services performed.
That's different than the 2010+ which read
  • Failure to use proper parts, fuel and fluids,
  • Driving with the VDC off,
  • Racing,
  • Any competitive driving of any sort whatsoever,
  • Use on a track or driving on any airstrip,
  • Modifications, including adding/replacing, reprogramming, attempting to reprogram, altering, disconnecting any computer, control unit or electronic modules,
  • Deleting any or all stored information in any computer, control unit or electronic module including VSDR,
  • Failure to have required Performance Optimization Services performed.
So don't let them grind you about "oh it was on a track" as that doesn't apply to the 2009 warranty (the extended warranty is silent on "track" so the base warranty might be something they'd try and come back to).

Edited by Craig, 30 May 2014 - 10:06 PM.


#28 MC

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Posted 30 May 2014 - 10:09 PM

thats a good point the racing exclusion for the 09 is different

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#29 jmunjr

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Posted 31 May 2014 - 01:00 AM

thats a good point the racing exclusion for the 09 is different


except this is an extended warranty. Do the same restrictions apply and do the same allowances apply?
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#30 MC

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Posted 31 May 2014 - 01:15 AM

except this is an extended warranty. Do the same restrictions apply and do the same allowances apply?


another good point and no earthly idea. now that you mention it my guess is that wording is long gone as long as the extended warranty is technically a new contract and not an exact extension of the original ( ive never bought one so have no clue how that works)

I totally forgot 09's had the different clause as its a technicality anyway as all the off road wording does is give the manufacturer leverage. These things are handled case by case and not under some blanket policy.

I cant remember the last time a racing exception on warranty was used on someone on here. VDC off or tune yeah but tracking? on what grounds? temps alone? speed isnt permanent is it? isnt it one of the things that falls off in 3 days or whatever it is? my guess is if it had 59,999K miles on it this wouldnt be happening as this might be a buyer beware when it comes to extended warranty on GTRs

I hope this thread gets some attention as soon a lot of older R35s will be getting up there in mileage and years and this is something long term that owners might need to be concerned about.

reason im being so vocal about it is I know the guy and I know the car. no potential warranty voiding mods, only a couple of track days (nissan sanctioned) with VDC kept on.... and no tune with a valid warranty. everybody and their brother are tuned on here and that is disheartening for those that choose not to be for warranty reasons and that could happen to many of us one day

for example If I were to keep my 2012 and buy an extended warranty ( my 36K not drivetrain actually ran out this week coincidentally ) then one day with enough miles my situation wouldnt be too different than Chris's

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#31 Dntlvet

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Posted 31 May 2014 - 04:48 AM

Nissan and it's dealerships promote, sell and profit from the security plus warrantee. I find this discussion thread very very unfortunate as it will affect owner loyalty in the long run.
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#32 forty-two

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Posted 31 May 2014 - 08:58 AM

another good point and no earthly idea. now that you mention it my guess is that wording is long gone as long as the extended warranty is technically a new contract and not an exact extension of the original ( ive never bought one so have no clue how that works)

I totally forgot 09's had the different clause as its a technicality anyway as all the off road wording does is give the manufacturer leverage. These things are handled case by case and not under some blanket policy.

I cant remember the last time a racing exception on warranty was used on someone on here. VDC off or tune yeah but tracking? on what grounds? temps alone? speed isnt permanent is it? isnt it one of the things that falls off in 3 days or whatever it is? my guess is if it had 59,999K miles on it this wouldnt be happening as this might be a buyer beware when it comes to extended warranty on GTRs

I hope this thread gets some attention as soon a lot of older R35s will be getting up there in mileage and years and this is something long term that owners might need to be concerned about.

reason im being so vocal about it is I know the guy and I know the car. no potential warranty voiding mods, only a couple of track days (nissan sanctioned) with VDC kept on.... and no tune with a valid warranty. everybody and their brother are tuned on here and that is disheartening for those that choose not to be for warranty reasons and that could happen to many of us one day

for example If I were to keep my 2012 and buy an extended warranty ( my 36K not drivetrain actually ran out this week coincidentally ) then one day with enough miles my situation wouldnt be too different than Chris's


+100000001

Seriously disheartening that this has gone unresolved for, what, 6 months!?!?
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#33 craiglieberman

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Posted 31 May 2014 - 09:07 AM

Lawyer up, illPayne. Shady extended warranty companies will never see the light. When faced with the prospect of a legal battle and lawyer fees, not to mention the negative press, they'll wisely choose to play ball.

Or your could always take the case to Jalopnik. They're good at gathering a mob of partially-informed, highly opinionated, witch-hunting, car enthusiasts.

#34 illpayne

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Posted 31 May 2014 - 09:33 AM

Lawyer up, illPayne. Shady extended warranty companies will never see the light. When faced with the prospect of a legal battle and lawyer fees, not to mention the negative press, they'll wisely choose to play ball.

Or your could always take the case to Jalopnik. They're good at gathering a mob of partially-informed, highly opinionated, witch-hunting, car enthusiasts.


Good to see you on here, Craig! It's been a while. Thank you for the advice. I'm already looking into getting a lawyer. Maybe I should contact Jalopnik and tell my story.

Edited by illpayne, 31 May 2014 - 10:44 AM.

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#35 bhk1004

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Posted 31 May 2014 - 10:29 AM

Jalopnik or even go to Nissan facebook and blast them. That they hosted and sponsored track days and are using those days as basis for voiding warranty on all who attended.

#36 jpara

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Posted 31 May 2014 - 11:51 AM

Jalopnik or even go to Nissan facebook and blast them. That they hosted and sponsored track days and are using those days as basis for voiding warranty on all who attended.


That's the really disconcerting part of this situation. Nissan is sponsoring events where their owners can take their car onto a track and then uses their participation in the sponsored event to deny warranty claims. It's like your health insurance providing you with a trip to China and then when you return you find out your health claims aren't covered because you travelled to China.

Minimally Nissan should make drivers sign stand alone waivers, not bury the details in the small print that clearly state "driver / owner understands and agrees that participation in this event will void any base and / or extended warranty".

#37 gyoja

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Posted 31 May 2014 - 11:59 AM

...

Edited by wankeldude, 31 May 2014 - 12:01 PM.

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#38 bhk1004

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Posted 31 May 2014 - 12:00 PM

Curious if this means everyone that went to the Nissan nismo track day thingy for the gtr all have their warranty voided.

#39 MC

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Posted 31 May 2014 - 12:14 PM

Curious if this means everyone that went to the Nissan nismo track day thingy for the gtr all have their warranty voided.


No and that's not where the anger and frustration should be directed. the extended warranty plus people also told him his car had been flashed and the TCM modded when that didnt happen so I dont want everyone to get off on a tangent about the track events as those were great and the people behind them put in a lot of effort.

I really think this is totally to do with the people handling the extended warranty as I said before claims like this are handled on a case by case basis and my thinking is if illpayne was under his original warranty this would be a non issue as we see transmissions replaced all the time on here.

and besides its not the track its the conditions and risks performance driving can produce. damage goes without saying but another example would be like for instance if you were tracking and had your temps up past 260 to 280 for a extended period of time and you ignored changing your fluids then that would be a reason possibly for a denial. but just driving around a closed off piece of pavement alone is not grounds for a denial. not to mention the fact that Nissans events were very scaled back as far speeds and owners averaged less than an hour in their own cars for the most part.

Nissan and it's dealerships promote, sell and profit from the security plus warrantee. I find this discussion thread very very unfortunate as it will affect owner loyalty in the long run.



Yes the problem here is how the extended warranty people are handling this. A high mileage GTR in need of a high dollar replacement is relatively new and it seems they are looking for an easy out. Some bean counter used to approving altima claims probably freaked out when he saw a purple GTR with a huge wing and wrote it off as some suped up racecar. If you dont want to replace a transmission on a GTR with that many miles dont sell the customer a the extended warranty. Ive always told members on here who were concerned about warranty that if you keep VDC on and dont tune the car you will be fine. I still think this applies for your 3/36K and 5/60K as ive honestly never heard of a denial unless it was some guy who did 100 launches in 2008 or someone with a built car running aftermarket fluids and tuned..... but this is the first case ive heard of with the extended version and it seems all bets might be off when it comes to that

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#40 jpara

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Posted 31 May 2014 - 12:50 PM

No and that's not where the anger and frustration should be directed. the extended warranty plus people also told him his car had been flashed and the TCM modded when that didnt happen so I dont want everyone to get off on a tangent about the track events as those were great and the people behind them put in a lot of effort.

I really think this is totally to do with the people handling the extended warranty as I said before claims like this are handled on a case by case basis and my thinking is if illpayne was under his original warranty this would be a non issue as we see transmissions replaced all the time on here.

and besides its not the track its the conditions and risks performance driving and produce. damage goes without saying for another would be like for instance if you were tracking and had your temps up past 260 to 280 for a extended period of time and you ignored changing your fluids then that would be a reason possibly for a denial. but just driving around a closed off piece of pavement is not grounds for a denial




Yes the problem here is how the extended warranty people are handling this. A high mileage GTR in need of a high dollar replacement it relatively new and it seems they are looking for an easy out. Some bean counter used to approving altima claims probably freaked out when he saw a purple GTR with a huge wing and wrote it off as some suped up racecar. If you dont want to replace a transmission on a GTR with that many miles dont sell the customer a the extended warranty. Ive always told members on here who were concerned about warranty that if you keep VDC on and dont tune the car you will be fine. I still think this applies for your 3/36K and 5/60K as ive honestly never heard of a denial unless it was some guy who did 100 launches in 2008 or someone with a built car running aftermarket fluids and tuned..... but this is the first case ive heard of with the extended version and it seems all bets might be off when it comes to that


I got the impression that the extended warranty program is provided by Nissan or at least affiliated with Nissan so I don't understand why Nissan would have two sets of rules for warranty repair. If anything I would think a customer paying for an extended warranty would get preferential treatment.



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