Nissan Dealership Responsible For Damages?

[smokewagon]

What is the name of your state (only U.S. law)? Oregon

We have owned our Xterra for 4 years now and for the last 3 years we have had the vehicle serviced by the local Nissan dealership. Recently, our brakes went out on us, during a trip. We had the issue inspected and they found petroleum in the brake system (i.e. wrong fluid). Petroleum causes all the rubber components to swell and leak. Needless to say, all major brake components must be replaced now, and Nissan is claiming that their "Master Technician" (who worked on it last), would not do that. We have our maintenance records for the last 3 years from them. Are they responsible?

 

[swalsh411]

When were the brakes last serviced? Oil in your brake fluid will react within hours, days at the most.

 

[smokewagon]

The brakes have never been serviced since we have had the vehicle. They are checked by the dealership at all the oil service changes, which also includes topping off fluids. The effects of the petroleum damage can vary in time. It depends on how much fluid was introduced, which I am assuming they just topped it off (a very small amount), and by how much the brakes are getting used on a daily basis. We only drive our vehicle 7500 miles a year, so it doesn't get used a lot. This could explain why we are just now seeing the effects of it from our last oil change 2 months ago. They are the ONLY ones to have ever serviced it for the last 3 years, and there is only one way for petroleum to get in there... someone put it in there.

 

[TheGeekess]

The brakes have never been serviced since we have had the vehicle. They are checked by the dealership at all the oil service changes, which also includes topping off fluids. The effects of the petroleum damage can vary in time. It depends on how much fluid was introduced, which I am assuming they just topped it off (a very small amount), and by how much the brakes are getting used on a daily basis. We only drive our vehicle 7500 miles a year, so it doesn't get used a lot. This could explain why we are just now seeing the effects of it from our last oil change 2 months ago. They are the ONLY ones to have ever serviced it for the last 3 years, and there is only one way for petroleum to get in there... someone put it in there.

Do you check and add oil between oil changes?

 

[swalsh411]

I really do not believe it would take months for oil in the brake system to affect the brake components but hopefully somebody with more car expertise will be along who may know if there is another way this could have happened.

Do family members check the fluids on their own prior periodically?

 

[davidmcbeth3]

You are, of course, accepting what they said as fact. In court, they will deny it and say "prove it". You have no proof .. did you save a sample of the fluid in the master cylinder?

If you can, do it .. a 4 oz sample. You can send it off to a lab for analysis.

 

[You Are Guilty]

Proving there is oil in the brake fluid is the easy part of what you have to prove. How to you propose proving that it was the Nissan Master Tech who decided to randomly put the oil there 2 months earlier? Get over that hurdle and you have a great case.