Back in September 2009 a class action settlement was reached between a Nissan GT-R owner that had his transmission destroyed by the Nissan GT-R’s overpowering Twin Turbo V6 engine dumping all of it’s power to all 4 wheels off the line while having the GT-R’s VDC switch in the off position. The VDC switch was commonly re-named the “Warranty Void” switch, since Nissan required new Nissan GT-R owners to sign papers acknowledging that driving with VDC off can void the warranty unless used when trying to get the GT-R out of being stuck in the mud or snow.
In the official class action papers provided for download below, Nissan admits to nothing stating “Nissan denies all the allegations in the lawsuit. More specifically, Nissan denies that there was a design or manufacturing defect, denies misrepresenting the performance capabilities of the 2009 GT-R, and denies that it refused to honor customer warranties for resulting damage without disclosure.”
2009 Nissan GT-R owners should be receiving the papers in the mail this week with an offer to upgrade their Nissan GT-R’s with “a free Transmission Control Module programming upgrade, Nissan will not deny warranty coverage for transmission damage based on VDC OFF usage prior to the date of this Notice.”
Upon submitting a timely and proper Claim Form and after a reasonable processing period, a $75 coupon (transferable to a subsequent GT-R purchaser) for service at a GT-R Certified Nissan dealership. The warranty period continues to run from the date the vehicle was delivered to the first retail buyer or put into use, whichever is earlier.
Nissan has also agreed to pay Plaintiff Torres $31,500, which includes $25,000 as reimbursement for the expenses Plaintiff Torres incurred when he replaced the transmission on his 2009 GT-R; $1,500 for reimbursement for costs associated with pursuing this class action; and $5,000 as an incentive fee for pursuing the class action.
It should be noted that 2009 Nissan GT-R owners should respond to the papers as their legal rights can be affected if they do not respond. You can download the full 6 page settlement papers below: