M35 recall question

Forum for Infiniti M35 and M45, and Nissan Fuga owners.
airmanhoward
Posts: 223
Joined: Mon Dec 29, 2008 4:16 pm
Car: 12 M37-Current
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Location: Largo Fl

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I have an 06 m35x and as you all know there is a air bag recall. I was told the parts won't be in until February. My wife is 7 months pregnant. I was explaining to my boss about how uncomfortable I feel. He stated they should give me a loaner till the parts become available. I feel like it's a long shot. Is it a battle I should fight.


Larz
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Joined: Thu Feb 21, 2013 8:55 pm
Car: 2019 Q70-L RWD
Location: Ft Lauderdale, Florida
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You are right to call this mess a 'battle'. Each of us who has received the official notice from Infiniti are on the same sinking ship. And trust me, no matter who is in the car and where they are seated, they are ALL at risk of horrible injuries should your car be one of the very small number with exploding air bags.
Back to your question. I have contacted attorneys and done my own research and there is NO actual 'legal' requirement that your dealer provide a loaner vehicle or even arrange a third party rental vehicle while waiting on the arrival of parts, or while repairs are made.
That doesn't mean you cannot demand one or that you cannot file suit to get one. However, there is a reality that what is 'fair', what is 'morally right', and what is 'legal' are very different things. Personally, I see no point in perusing any legal actions. The auto makers have armies of lawyers who will make sure your case never sees the light of day.
At first, whenever Fetucini (the Mrs) and I went for a drive together, she would sit in the back. I also have a milk crate with some books in it to keep the passenger air bag in the OFF position. Later on we both worried that it really doesn't make her (or me) any less likely to be injured. Luckily, we have an SUV and if we are going to dinner, or out for a drive together, we use the SUV. I still drive my M, but only because I firmly believe that my car is NOT one of the very few with a problem (no facts to back that up, it's just how I feel). However, I would never knowingly place anyone else in danger albeit my wife, our friends, or even strangers. Therefore, the M is only driven by me and alone with the milk crate on the passenger seat. In all other cases, we use the SUV.
I posted a thread about the recall and what I was able to confirm back in August:
topic610369.html?hilit=air%20bag
The most reckless part is that Takata (the manufacturer) is replacing our air bags with the same faulty, risky propellant that is now under recall but with an added drying agent that 'should' reduce the breakdown into an actual pipe bomb like the one some of us have in our dash.
The good part is that, after repairs are made, it will be years before we are again at risk and with any luck, we will be driving a different vehicle and our current Ms will be in a junk yard where they cannot harm anyone.

User avatar
WillV
Posts: 155
Joined: Fri May 06, 2016 10:21 am
Car: 2006 M35 Moonlight White/Tan Interior
Location: Florida

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I personally would request one. I'm with Larz; I do not think that you would have luck pursuing legal action, but you can always talk to the dealer about your situation. Other people have had luck in getting a loaner, so I guess it would not hurt to try. Don't get me wrong, I'm not a lawyer, but with your situation, I would definitely not feel comfortable. I do not have a pregnant wife (I'm in college) but I still don't really feel the safest that I possibly could since my M is one of the recalled. Which is not saying it is for sure defective, but still. I called my dealer yesterday and they also said that my parts would not be in until February. Back to the college thing: I can't even request a loaner because I am only 19, which sucks! Just because I am old enough to die in war, I legally can't rent a car, even though I personally own my car. Oops, I meant to say young somewhere in that sentence.. Anyway, for now I am just practicing safe defensive diving to ensure that I do not hit anyone. I cannot control if someone hits me from the rear, but I can (mostly) control if I hit someone. I wish you luck with trying to get a loaner, because I want to see everyone that is old enough to get one in the name of safety. Keep me updated here!


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