Toyota Recalls and Class Action Lawsuits

It was just a few weeks ago that federal safety regulators found that Toyota's unintended acceleration incidents were not caused by the automaker's electronic system. But that doesn't mean there haven't been any incidents.

Now Toyota is recalling 2.17 million Toyota and Lexus vehicles in the United States to inspect and, if necessary, replace accelerator pedals that may get trapped in floor mats or carpeting. Toyota conducted a massive recall in 2009 to address the same problem.

A 10-month investigation by NASA engineers determined that electronic flaws were not to blame for widespread consumer complaints of unintended acceleration in Toyota and Lexus models, the U.S. Department of Transportation said this month.

The Japanese automaker has now recalled a total of 19.2 million Toyota and Lexus vehicles worldwide and more than 13.7 million in the United States to address safety problems since the fall of 2009.

Toyota said 20,000 2006 and early 2007 Lexus GS 300 and GS 350 all-wheel-drive sedans will be recalled to modify the shape of the plastic pad embedded in the driver's side floor carpet. Owners of the affected vehicles will be notified in early March.

If the floor carpet around the accelerator pedal is not properly replaced after service, Toyota said there is a possibility that the plastic pad embedded into the floor carpet may interfere with operation of the accelerator pedal.

If this occurs, the accelerator pedal may become temporarily stuck in a partially depressed position rather than returning to the idle position. Toyota said it recently received two complaints about the problem.

In addition, Toyota is recalling 372,000 2004 through 2006 and early 2007 Lexus RX 330, RX 350, and RX 400h units, and about 397,000 Toyota Highlander and Highlander HV vehicles sold from the 2004 through 2006 model years to replace the driver's side floor carpet cover and its two retention clips.

Not electronic

U.S. Transportation Secretary Ray LaHood said on Feb. 8 that federal investigators had found no evidence the automaker's electronic throttle system played a part in incidents of unintended acceleration.

The National Highway Traffic Safety Administration launched the study ten months ago and called on NASA engineers to help determine whether cases of unintended acceleration in Toyota and Lexus models were caused by any cause other than sticky gas pedals and floor mats that trapped the gas pedals.

“We enlisted the best and brightest engineers to study Toyota’s electronics system, and the verdict is in. There is no electronic-based cause for unintended, high-speed acceleration in Toyotas.” LaHood said.

By Mark Huffman
ConsumerAffairs.com

July 14, 2010
After reviewing nearly 2,000 cases of sudden, uncontrolled acceleration events reported by drivers of its cars, Toyota says it has found no problem in the vehicle electronics that control the throttle.

In some of the cases, the carmaker said, it has evidence that the driver mistook the accelerator for the brake.

Toyota elaborated on a subject raised Wednesday when The Wall Street Journal reported U.S. safety investigators had reached a similar conclusion.

The newspaper quoted sources within the National Highway Traffic Safety Administration (NHTSA) as saying that, in a few of the reported cases of sudden acceleration, a review of the electronic event recorder showed the car's throttle was wide open while there was no pressure applied to the brakes.

Since the incidents of uncontrolled acceleration began to occur, Toyota attributed many to driver error. When Audi vehicles were investigated two decades ago for similar reasons, safety investigators concluded that drivers, in most case, slammed on the accelerator when they believed they were applying the brakes.

NHTSA

After launching an investigation of reports of sudden acceleration in Toyotas during the early 2000s, NHTSA reported in 2004 that it was unable to find a cause for the problem. The agency said it analyzed many of the cars involved in the mishaps and found nothing abnormal with the throttle controls.

Once again NHTSA pointed to the driver. The agency said sudden surges are sometimes caused by drivers who are unfamiliar with their new vehicles.

The Transportation Department declined to comment on the subject, noting that a NHTSA probe of Toyota's electronics system is still underway and will not be completed for several months. The agency is conducting an investigation to determine if electronics played any role in hundreds of reported incidents.

The reports of uncontrolled acceleration resulted in a massive recall of Toyota and Lexus vehicles in late 2009 and early 2010. Toyota has steadfastly maintained the problem does not lie in the electronics, but rather in the design of the accelerator pedal. The recall removed floor mats and modified the pedals in affected cars and trucks.

The company disclosed that a U.S. grand jury in New York has subpoenaed company documents related to flaws in vehicle steering systems. It's possible that criminal charges could result.

A Toyota spokesman said the company is cooperating with the grand jury but would not discuss any specifics concerning the investigation.

In September 2005, Toyota announced what, at the time, was its largest ever recall. The carmaker pulled in 978,000 pickup trucks and sport utility vehicles sold in the U.S. because a steering relay rod on the vehicles may fracture, causing a loss of control.

The recall included the 1989-1996 model years and included power-steering equipped 4Runner sport utility vehicles and compact pickups and T-100 pickups. In May, the National Highway Traffic Safety Administration (NHTSA) announced it was investigating that recall, suggesting Toyota might have violated rules for informing safety regulators about vehicle problems.

Specifically, NHTSA wanted to know if Toyota reported the steering defect within five days of discovering it, as it is required to do by law. The agency might be a little suspicious, since Toyota has agreed to pay a record $16.4 million fine for not reporting what it knew about its sudden acceleration problems for four months.

In 2004, Toyota conducted a recall in Japan for Hilux trucks with steering relay rods prone to fatiguing, cracking and possibly breaking, causing the vehicle to lose steering control. At that time, Toyota informed NHTSA that the safety defect was isolated to vehicles in Japan and that the company had not received similar field information within the U.S.

In 2005, however, Toyota informed NHTSA that the steering relay rod defect was present in several models sold in the U.S. and conducted a recall.

Pre-2004 complaints

At the end of April NHTSA said it was alerted to a number of complaints filed with Toyota by U.S. consumers prior to the 2004 Hilux recall in Japan. As a result, NHTSA decided to open an investigation into whether Toyota met its legal obligation to conduct a timely recall of vehicles with the defect in the United States.

"Safety is our number one priority and we take our responsibility to protect U.S. consumers seriously," said U.S. Transportation Secretary Ray LaHood. "With new assurances from Toyota about their efforts to improve safety, I hope for their cooperation in getting to the bottom of what happened."

It's unclear whether the NHTSA investigation, and that of the New York grand jury, are connected. Though the company has never been hauled before a grand jury in the U.S., Toyota has faced a criminal investigation in Japan.

In 2006 three Toyota Motor Corp. executives who were quality-control managers were the focus of a criminal investigation in Japan into whether they downplayed reports of steering problems at the automaker in the mid-1990s. The steering flaw was cited as the possible cause of a serious accident in Japan that eventually led to a recall by Toyota of more than one million vehicles last year.

Five people were injured, one of them seriously, in Kumamoto in August 2004 when the steering of a Toyota Hilux Surf SUV failed and it hit another vehicle. The SUV was built in 1993.

Most recent recall

At the end of May, Toyota was still dealing with the problem, recalling Prius models from the same era to fix a similar power steering defect. The recall applied to the second-generation model of the hybrid car and covered vehicles made between July 2003 and December 2005.

Toyota said the fault was in a steering shaft, which Toyota said could crack if the steering wheel is turned forcefully or if the car is driven onto the curbing while parking.

Toyota is unable to modify the troublesome Prius traction control system without placing the vehicle's sophisticated hybrid drive system in jeopardy, according to a Toyota service technician familiar with the Prius problem.

In a mountainous or snowy areas, the little car can be more than just difficult, Prius owners complain.

"I live in the mountains, up steep hills and dirt roads. I consider the slippage problem with the shutting down of power to the wheels just when you need more not less traction to be a very serious problem and a potentially life-threatening design flaw," a New England Prius owner told ConsumerAffairs.com.

A Toyota representative told the Vermont hybrid driver that the system was "operating the way it's supposed to."

"It became clear that they were resistant to accepting that operating the way it was supposed to was the problem," the owner told ConsumerAffairs.com.

The hybrid's traction control system is managed by a computer program and several Toyota technicians have reportedly asked the automaker to modify the software to allow for more wheel spin before shutting the drive line down.

So far Toyota has apparently refused to provide for the modification.

Toyota spokesman Bill Kwon told ConsumerAffairs.com previously that the traction control system in the Prius could impact performance in snowy conditions but he has insisted the slippage was not a safety problem.

"Prius has TRAC (traction control) as standard equipment," Kwon said. "The purpose of traction control is to help prevent wheel spin and minimize slippage of the drive wheels by applying brakes and/or reducing engine power."

Others familiar with the traction issue in the Prius suggest the Toyota concern is for the safety and reliability of the hybrid system, especially the front axle in particular.

They suggest that Toyota engineers are concerned that if the traction control is turned off or modified, the hybrid system will produce so much torque in the Prius that wheel spin would lead quickly to broken axles and even wheels coming off.

One Prius owner was recently told that this is the reason "Toyota is reluctant at this point to allow for even a moderate amount of more spin by changing the Prius traction control computer program."

Currently the Prius system allows for no wheel spin at all and Toyota continues to brush off consumer complaints about the traction control system.

Several Prius owners have reported to ConsumerAffairs.com that they have warned Toyota of the tentative traction control system in the hybrid.

"Fundamentally Flawed"

"This system is fundamentally flawed in a way that could put people's lives at risk and poses dangers in environments like mine where navigating fresh slippery snow and steep inclines are a necessity," our New England reader said.

The Toyota statement that the Prius traction control system is "working as it was designed" has left more than one Prius owner feeling that the system is operating as designed to "protect the safety of the car not the safety of the driver or passengers."

Recently a Prius owner told ConsumerAffairs.com that he thinks Toyota has created "a potentially life-threatening danger for driver and passengers by preventing the driver from being able to exercise control over the vehicle under hazardous conditions."

Our Plainfield, Vermont, Prius owner is continuing to press Toyota for answers.

"I questioned them regarding whether an override switch was available and learned it wasn't and later saw that this is the solution that others had suggested."

Driving a Prius in snowy conditions takes a lot of getting used to. "I did find in a recent snowstorm that I was able to make it up a friends very steep road (just barely) crawling at about 3 or 4 miles per hour at best," he wrote.

"I do see that it's possible to drive this car differently, flooring the gas peddle to barely crawl and have it work but it was so touch-and-go and had another car been coming (up or down) I wouldn't have been able to move out of the way and probably couldn't have restarted with no momentum from a standstill," he wrote.

Our New England Prius owner has reluctantly concluded that, "it is completely clear that I am unable to trust my Prius in serious snow conditions and I now choose not to drive it whenever possible in fresh snow."

"Yesterday, I was not even able to get the car to move more than a few inches in reverse on my almost entirely flat driveway over just a few inches of fresh, wet snow, even when there was no snow under the car itself," he wrote.

On the other side of the country in Redwood City, California, yet another Prius owner has experienced the same traction control problems with a 2007 Prius.

"The traction control has proven to be very troublesome. If a bump in the road on a hill causes a wheel to bounce the traction control cuts all power and brings the car to a standstill," Ralph wrote ConsumerAffairs.com.

"This makes some roads and driveways passable to all other cars impassable to the Prius. This is a defect and can cause the car to become stuck very easily," he told us.

So is buying a used hybrid like buying a pig in a poke?

The weak link in an aging hybrid seems to be the battery system that drives the electric motor.

Prius batteries will last well beyond 200,000 miles or they will need to be replaced almost as soon as the hybrid passes through 110,000 miles, depending who you talk to and who you choose to believe.

All of the evidence on the life span of a Prius appears to be anecdotal without any substantial statistical significance.

So does buying a used Prius make sense? Selling a used Prius certainly makes sense. The hybrids enjoy a good resale value. Even with 100,000 miles on the odometer, a Prius in excellent condition might sell for $11,885 according to the Kelley Blue Book.

That is exactly what Zachery in Homeland, Calif., decided to do three years ago -- buy a used Prius.

Giving into all the hype, when I went looking for a new car. I decided to go with the money-saving, eco-friendly Prius, he told ConsumerAffairs.com.

It had 72,000 miles on it and ran great, for the first year that is. When it came time for the 100,000 mile tune-up it cost me nearly $700. Six months later the computer system failed along with a transmission leak and fuel pump replacement costing me another $2,600, he wrote.

Ten months after the 100,000-mile problems Zachery received the bad news about his hybrid battery system. I take it down and get it diagnosed, which turned out to be the main hybrid battery. Another $4,800 to get the system replaced, he wrote.

Unable to afford the cost of that last repair, I now own a 2001 Prius that runs for about 2 miles before the warning light and computer system stop the car.

Needless to say, Zachery no longer considers his decision to buy a used Prius to be a wise expenditure.

I'm unable to afford the $4,800 repair bill, thus leaving me without a reliable form of transportation. On top of that, I still owe roughly $5,000 on the car itself. Of course all this happens the day I quit my job and start back to school, he wrote.

Similar Problem

A Texas Prius owner reported a similar problem. "My 2001 Toyota Prius lasted five years and 113,000 miles. Then the batteries seemed to die. My dealer estimated the replacement cost at $7,000. They recommended scrapping the car for parts."

Consumers in the market for a used Prius also need to watch out for problem other than the main hybrid battery system.

Debora owns a 2001 Prius in North Hills, Calif.

My 2001 Toyota Prius has been stalling intermittently for 3 years. The dealer has replaced the hybrid battery which was on warranty (thank goodness!) and now says they need to replace the accelerator pedal position sensor which is not on warranty and the part will cost $435 plus tax and 3 hours of labor, she told us.

Mark in Fairmont, West Virginia, owns a 2003 Prius. My Prius has a steering problem. The dealer informed me that my rack and pinion gear will need replaced at a cost of $1,800.00, he wrote.

Mark added that he read on the Internet that other Prius cars have steering problems covered by a recall but his was not included.

I have 85,000 miles on the car, he said. I have already replaced the gas tank, and electronic control module. This steering repair is just too much money, he said.

A reader in Collinsville, Ill., told us he when he starts his 2002, the engine warning lights come on with their exclamation points and check engine signs, but there is nothing wrong.

The repair will be expensive. I was told that I need a new fuel pump, gas tank, and engine control module, at a cost of $2,300, he wrote ConsumerAffairs.com.

In Colorado Springs, Patrick found his 2005 Prius dead and unable to start. He bought the Prius in 2005 when the car had 19,000 miles on the odometer.

I looked for any accessories that might have been left on, but found none, Patrick told us.

I pulled out the manual and diagnosed a dead 12-volt battery. I proceeded to follow the jump start procedures in the manual. The jump was unsuccessful, so I called a tow truck recommended by the dealer and had it towed there.

The dealer told Patrick that his Prius was jumped with the cables crossed and the repair will be about $5,000 in parts and labor.

The repair bill will not be covered under the vehicle's 3-year and 36,000-mile warranty.

In Stoughton, Wis., Jim has the other side of the story. Just to relate my experience with my 2002 Prius. Yes there have been a few items repaired under warranty but what car doesn't get some of those?

Jim describes his Prius as the best car I have ever owned.. It's a delight to drive, and my average mpg around 48 in warm weather and 40-42 during wintertime.

Jim said he loves his Prius but then he is the original owner and his hybrid has only 48,000 miles on the odometer.

Feelings run deep among people who have endured waiting lists and additional premiums, particularly those who feel they were sold a pig in a poke.

Deborah H. in Louisville, Kentucky is angry. "I feel there was false advertising by Toyota stating there was 50 miles per gallon on the highway and 60 miles per hour in the city driving my Toyota Prius hybrid," she wrote.

Deborah was one of thousands of Prius buyers who paid the dealer a "market adjustment" or extra money for her new hybrid.

"They jacked up the price $8,000 from sticker stating it was a car that was hard to come by and that was their price. They said I would actually save money on gas."

But Deborah writes that gas mileage results her Prius achieves continue to be disappointing: "After six months of tracking, the best mileage I ever got was 43 miles per gallon. Most often my mileage is between 30 and 36 miles per gallon."

The mileage, she complains, is "no better than cars I have had in the past. I am very disappointed in Toyota's advertising and the money I have shelled out."

A Toyota spokesman contacted by ConsumerAffairs.com insists that 30 to 36 miles to a gallon is not possible with a Prius unless driver error or a mechanical problem is involved.

Laurie K. in Folsom, California finally concluded her mileage problem must be driver error with her Prius. She solved the nagging mileage issue by paying close attention to the onboard computer in her hybrid.

"I have owned a Toyota Prius since 2004. I too was getting poor mileage," she wrote. "However, after many months I finally discovered the secret to getting higher mileage. I keep the computer screen on that shows how many miles per gallon I'm getting."

The computer tracks mileage every 15 to 30 minutes, Laurie said.

"I just watch the gauge and keep my foot lightly on the gas pedal. I have averaged 60 miles per gallon when I do this. However, if I am in a rush, I get lower gas mileage because I do not have time to gently take off from a stoplight or drive slower by easing up on the gas pedal."

Laurie says that if driven correctly, her Prius now averages 60 mpg.

"My husband and I finally figured it out, she wrote. "Now we have a goal to try and keep the average, but it takes practice and a visual of the computer screen to make sure you are driving appropriately."

Irene S. in Montebello, California, wrote that the mileage drop-off in her 2005 Prius was almost immediate.

"When I started driving the car, I got 44 mpg on the street. Presently, I am still driving the car on the street and getting about 24 mpg and the odometer reads 780 miles."

Dave B. in Laguna Woods, California, reports similar problems with his 2004 Prius but he knew the cause. The gasoline engine is running too much: "The last two times I filled the tank I got 25 miles per gallon. Not acceptable. The gasoline engine runs continuously."

Dave's Toyota dealer where he purchased the hybrid has been unable to help after three trips to the service department. "They agree the gasoline engine should not start up until the car gets up to 20 miles per hour, but cannot correct the problem," he wrote.

Gulf States Toyota is recalling about 360 2012 4Runners and Siennas because of a problem with the remote engine starter.

The company said that a malfunction in the Audiovox brand remote starter module can prevent normal operation of the vehicle's onboard computer network, which could cause the antilock braking and stability controls to fail.

Gulf States Toyota will notify owners and dealers will replace the Audiovox starter with a new one free of charge. Owners may contact Toyota at 1-800-444-1074.