NHTSA Complaint #10485315 — 2008 NISSAN PATHFINDER

IN OCTOBER 2012, I FILLED MY VEHICLE UP WITH GAS AND THE FUEL GAUGE DID NOT REGISTER A FULL TANK. I DROVE THE VEHICLE FOR A FEW MILES AND THE GAS GAUGE INDICATED EMPTY. THE CHECK /SERVICE ENGINE LIGHT CAME ON EVEN THOUGH I HAD JUST HAD MY VEHICLE SERVICED AT THE NISSAN DEALERSHIP IN FAIRFIELD, CA. I WENT BACK TO THE DEALERSHIP AND THEY CHARGED ME $139.00 TO DIAGNOSE THE PROBLEM!! THEY THEN TOLD ME THAT THE FUEL SENDING UNIT HAD TO BE REPLACED AND IT WOULD COST AN ADDITIONAL $318.00. I DID NOT HAVE THE ADDITIONAL MONEY TO PERFORM THIS SERVICE. ON 11/19/2012, I DISCOVERED THAT NHTSA HAD HAD ISSUED A SAFETY RECALL, CAMPAIGN ID NUMBER 10V075000 FOR THE 2008 NISSAN PATHFINDER AND INDICATED THAT THE FUEL SENDING UNIT WAS TO BE REPLACED FREE OF CHARGE. THE DATE OF THE NHTSA CAMPAIGN WAS MARCH 2010. I WAS NEVER NOTIFIED. ADDITIONALLY, I ALWAYS TAKE MY VEHICLE TO THE DEALERSHIP FOR SERVICE, SO THEY MULTIPLE OPPORTUNITIES TO TO ADVISE ME OF THIS PROBLEM AND PERFORM THE NECESSARY FIX. SINCE THE DEALERSHIP WANTED TO CHARGE ME $318.00, I CONTACTED NISSAN CUSTOMER SERVICE. CUSTOMER SERVICE TOLD ME THAT MY VEHCILE WAS OUTSIDE OF WARRANTY, CITING MY WARRANTY HAD EXPIRED AFTER 75,000 MILES. I COUNTERED WITH THE STATEMENT THAT FIRSTLY, IT WAS A NHTSA RECALL, SECONDLY, THAT I WAS NEVER NOTIFIED, AND THIRDLY, HAD I HAD BEEN PROPERLY NOTIFIED IN MARCH 2010, I WOULD HAVE STILL BEEN WITHIN WARRANTY COVERAGE, ALTHOUGH AS A SAFETY RECALL THE SERVICE SHOULD BE PERFORMED FOR FREE. THEY SAID THEY WOULD HAVE TO REFER THE MATTER TO REGIONAL. THEY GAVE ME A CASE NUMBER OF 10094748. I CONTACTED NHTSA HOTLINE AND THEY GAVE ME A REFERENCE NUMBER OF 493972. FROM THE NHTSA NOTICE IT APPEARS OVER 80,000 VEHICLES WERE SOLD WHICH WOULD HAVE THIS PROBLEM. BY NOT NOTIFYING THE OWNERS AS NHTSA REQUESTED THEM TO DO, NISSAN WOULD SAVE 80,000 X $318.00 THUS SAVING NISSAN $29,048,040. *TR