Nissan recalls nearly 4 million cars with air bag problems

NEW YORK — Nearly 4 million Nissan cars are being recalled due to major safety problems where passenger air bags or seat belts could fail in a crash, leading to serious injuries or fatalities.

The two recalls are just the latest in a string of safety problems to hit automakers in the past year with Acura, BMW, Chrysler, Ford, Honda, Lexus, Mazda, Toyota and other manufactures having to recall cars over air bag problems. The Nissan problems are unrelated to the other air bag issues.

Nissan North America, Inc. said that 3.2 million cars may have a problem with a sensor that detects if the front passenger seat is occupied and if that passenger is an adult or a child. Defective sensors might incorrectly think that an adult is a child or classify the seat as empty, thus turning off the air bag.

The recall applies to certain cars of the following models: the 2016-2017 Nissan Maxima, 2013-2016 Nissan Altima, NV200, LEAF and Sentra, 2013-2017 Nissan Pathfinder, 2014-2016 Nissan NV200 Taxi, Infiniti QX60 and Q50, 2014-2017 Nissan Rogue, 2015-2016 Nissan Murano, Chevrolet City Express and 2013 Infiniti JX35 vehicles.

Nissan will notify owners of the problem and offer to fix it for free, however no schedule has yet been provided for when these notices will go out or how quickly the repairs can be made.

Nissan is also recalling another 620,000 of its 2013-2016 Sentras.

In these cars, the air bag sensor has the opposite problem: It isn’t shutting off when it should be. The automaker said the front passenger seat belt bracket may become deformed if it is used to secure a child restraint system. That deformed seat bracket might then cause the air bag not to shut off when it should be off.

Nissan has not yet figured out how to fix the problem and is warning owners not to install child restraint systems in the front seats. It will take Nissan more than a month to notify owners of the problem and then the carmaker will follow up with a second letter once it figures out a solution, which will be free. TVJ

source: business.inquirer.net

Defective Car Parts and California’s “Lemon Law”

Automobiles that include defective parts can be dangerous and can cause serious accidents, injuring passengers, other drivers, and pedestrians. Such accidents can result in expensive personal injury suits, but it can cost a lot of money to replace a defective car part. Fortunately, California has a lemon law that allows car owners to receive compensation for defective parts.

The Lemon Law

When a defective car part substantially impairs the use, value, or safety of a new car purchased or leased in California, the owner or lessee is often able to receive compensation under California’s Song-Beverly Consumer Warranty Act, more commonly known as the lemon law.

This statute gives automobile manufacturers 18 months or 18,000 miles to attempt repairs on any newly released vehicles. If a vehicle still has at least one of two covered defects within the warranty period, then it can be legally considered a “lemon,” and the owner can receive compensation. California’s lemon law covers:

• A serious defect that the manufacturer was unable to repair in at least four attempts; or
• Defects that have caused the vehicle to be out of service for at least 30 cumulative days since it was purchased.
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Compensation

If the car qualifies as a lemon, then the owner of the vehicle has two choices. First, he or she can request that the manufacturer either replace or repair it. If the owner chooses this option, then the manufacturer must also reimburse the owner for sales tax, registration, and incidental damages, such as finance charges or any costs associated with repair, towing, or renting a replacement car.

Alternatively, the owner can request a refund for the original price paid for the car. To be eligible for these options, the person seeking compensation must have purchased or leased the car from someone engaged in the business of manufacturing, selling, leasing, or distributing new vehicles at retail in California. In the case of a lease, the term agreed upon must exceed four months to satisfy the requirements of the lemon law. Finally, the car must be intended for personal, business, or family use.

Owner’s Responsibilities

In order to receive compensation for the defective vehicle, the owner is required to have followed the warranty terms for maintenance and proper use of the car. It is also the responsibility of the owner to bring a suit based on a violation of the lemon law within the four-year statute of limitations. Furthermore, items installed by anyone other than the manufacturer cannot be included in the amount refunded. It is also helpful to maintain good records of any repairs made to the vehicle. Each repair order should show the defect and the dates that the car was in the shop.

Purchasing a vehicle with a defective part can be expensive, time-consuming, and stressful, especially if the defect causes an accident and harms you or others. If you have purchased a vehicle with a defective part and feel that manufacturer may be at fault, please contact the passionate San Jose personal injury attorneys at Corsiglia, McMahon & Allard, L.L.P. for a free consultation.

source: cmalaw.net