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.

After giving a warning last week that it was considering a recall, Toyota today announced it would indeed recall 270,000 luxury Lexus models, including 139,000 sold in the U.S.

The Japanese carmaker said the vehicles' engines are prone to stall while running.

Toyota said it has informed the National Highway Traffic Safety Administration (NHTSA) of its intention to file a Defect Information Report (DIR) regarding the Lexus vehicles, powered by 4.6 and 5.0 liter V8 and 3.5 liter V6 engines in certain 2006, 2007 and 2008 GS, IS and LS models in the U.S. The formal report will be filed later this week.

"In the covered vehicles, due to slight variations during the manufacturing process, some foreign material may have contaminated a small number of the valve springs," Toyota said in a statement.

If a vehicle is affected, the company says there is a "remote" possibility that abnormal engine noise or idling may occur. In extremely rare instances, the engine may stop while the vehicle is in operation.

According to Reuters, Toyota received reports of the defect more than three years ago.

Lexus estimates that the likelihood of a customer vehicle experiencing this condition is two-tenths of one percent. Lexus said it has received no reports of accidents or injuries related to this condition. No vehicles from the current 2010 model year nor 2009 are affected.

Lexus said it will send owners of the involved vehicles a recall notification via first class mail. Owners are requested to contact their local Lexus dealer for diagnosis and repair after receiving their notification. The repair will involve replacement of the engine's valve springs at no charge.

The company say owners can continue to drive their vehicles. If symptoms are noticed, such as vibration, rough idling, unusual engine sounds or poor performance, the vehicle should be brought to a Lexus dealer for service.

Certain Lexus vehicles produced among the following models and years are covered:

Not a new problem

While Toyota conceded that it had received complaints of the problem dating back to 2007, it said that it was not until October 2009 that the complaints of "total engine failures" began to spike.

The company said that on July 1, it decided to issue the recall after tracing the problem to the strength of valve springs with a wire diameter of 3.3 mm.

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.

Consumers, who only a few months ago just couldn't get enough of the hulking, gas-guzzling SUVs that have stolen America's heart, are now turning in droves to diminutive, energy-sipping hybrids, waiting months and paying premiums of a thousand dollars or more, all in a sudden quest to save fuel and money.

Not long ago, someone paid $500 on eBay to be first in line for a new hybrid.

All this sudden fuel-saving fervor is admirable. But the question many consumers may not ask is whether hybrid cars and SUVs really will save them money. There's no question they achieve superior gas mileage but they don't cost less to operate, at least not yet.

ConsumerAffairs.com compared three hybrid vehicles with three top-of-the-line vehicles in the same class by the same automaker. We calculated gasoline costs at $3 a gallon over 120,000 miles and 80,000 miles to arrive at the likely operating costs.

The results would seem to demonstrate that people are buying hybrids for reasons other than saving money.

Prius vs. Corolla

Toyota Prius sales have tripled as gasoline prices shot up this year. Toyota sold 22,880 Prius cars in the first three months of the year, more than double the number it sold in the first three months of 2004.

The Corolla sells for a Blue Book reduced price of $17,083. The car, according to the EPA, gets 26 miles to a gallon in the city and 34 on the highway.

With the Prius we find a new car Blue Book price of $21,900 for the base model. The EPA gas mileage estimate for the vehicle is 60 mpg in the city and 51 on the highway.

But wait, there's more. An additional $800 buyer incentive is tacked onto the Corolla. Only "market adjustments" (read dealer mark-ups) are added to the Prius.

So let's look at the cost of owning a hybrid from another perspective. Let's drive a Prius for 120,000 miles. Once again we will pay an average of $3 a gallon for gasoline. Half of the miles will be driven in the city, and half on the highway. No other maintenance costs will be considered, despite the possibility that the hybrid costs might be higher.

The Prius produces 60 miles to a gallon in the city and 51 on the highway according to the EPA tests. The means we consume 2,178 gallons of gasoline or $6,528.

Over the same distance, the Corolla consumes 4,071 gallons of gasoline costing $12,213. So we would spend $5,685 more over 120,000 miles driving the Corolla than driving the Prius. But we paid $5,617 more for the Prius after the Toyota incentive for the Corolla.

So the additional cost of driving a Corolla instead of a Prius for 120,000 miles is $68 and you don't have to stand in line to buy one.

Cutting the driving distance 80,000 miles -- 40,000 in the city and 40,000 on the highway -- increases the Corolla advantage to just more than $1,000.

Accord Hybrid vs. Accord EX

Honda Motor Co., with sales of just over 100,000 hybrid vehicles worldwide since 1999, might be just a little smarter than Toyota when it comes to marketing gasoline-electric hybrids. Honda's new Accord hybrid is priced so high that most people won't be able to afford it. So Honda avoids the Prius problem of too many customers and too few cars.

The Honda Accord Hybrid Sedan sells for $31,575. The price includes roughly a $1,000 markup. The EPA mileage estimate for the Honda is 30 MPG in the city and 37 on the highway.

The top of the line Honda Accord EX sells for $25,176 which includes roughly $2,000 in price reductions. The EX gets an EPA estimated 21 mpg in the city and 30 on the highway.

The top of the line conventional Accord goes 63,990 miles on the highway or 44,793 miles in the city after pouring the price differential into the gas tank at $3 a gallon.

Over 120,000 miles the hybrid Honda uses $3,707 less gasoline. However, because of the increased purchase price, the hybrid is $2,692 more to operate. Over 80,000 miles the hybrid burns $2,470 less gasoline but is $3,929 more expensive to operate, again because of the high purchase price.

Escape Hybrid vs. Escape Gas

The Ford Escape follows the same pattern as the Toyota and Honda, but the operating cost is much higher for the hybrid when compared to a top-of-the-line Escape XLTS.

But wait there's more here. The XLTS carries an additional $3,500 in incentives that could add 21,000 more miles in the city or 25,666 on the highway.

Driving the hybrid 120,000 miles will cost 11,658 at $3 a gallon. The XLTS burns $18,181 or $6523 more. The conventional Escape is $1,893 more to operate considering the price differential. But when the $3,500 in price incentives is figured into the comparison, the XLTS costs $1,607 less to drive over 120,000 miles than the hybrid.

Over an 80,000 mile distance the XLTS is $283 less to operate before incentives and $3,783 less to operate after incentives.

There is plenty of guesswork in this comparison. No one knows where gas prices will be over a 120,000-mile period. The repair costs for hybrids are still uncertain. Will they cost more to maintain? Or less? While there are no automotive horror stories about hybrids to date neither is there any record on which to estimate repair costs.

What's the Answer?

So does this answer the question of whether your next car or SUV should be a hybrid? It depends. If you base your buying decisions strictly on economics, the likely answer is that a modest, gas-powered car with a stick shift and with minimal use of air conditioning is probably going to be considerably cheaper to buy and operate than a hybrid.

If you are basing your decision on what's best for the environment, there's more than gasoline consumption to factor into the equation. A big part of what's wrong with our environmental situation, not to mention our health, is the excessive amount of time we spend in motorized vehicles.

Whether they're powered by gasoline, hydrogen or fermented seaweed, cars need roads to run on. Roadways are very damaging to the environment, not least because of the effect they have on water runoff. A big reason houses tend to slide down hills in Southern California is that there is so much asphalt that storm runoff is funneled into unnatural -- and dangerous -- escape routes.

Highways also contribute to global warming, even when there are no cars on them. They displace cooling vegetation and their harsh asphalt surface reflects heat back into the environment, which in itself contributes to smog, regardless of what kind of fuel the vehicles on that highway are using.

The real answer to our fuel-cost woes, sedentary lifestyle and dire environmental problems is not a new kind of car. It's a new kind of city -- one that lets us walk, bike or ride transit to where we're going.

But we digress.

What's the Question?

If the question is, will you save money buying a hybrid, we'd have to say it's not likely. On the other hand if the question is, will buying a hybrid make you feel good, we can't answer that. It might, at least for a little while.

If the question is, will your hybrid help save the earth, we'd suggest the answer to that is, the earth will save itself. It was here long before we were and will be here long after we're gone. (It's the date and method of our departure that hangs in the balance).

Ah, but here's another factor. In many major metro areas, hybrids are allowed in car-pool (or HOV) lanes. Thus, by buying a hybrid, you may be able to continue driving alone to work, squeezing into the already congested HOV lanes that were created to reduce congestion by reducing the number of cars on the road.

In that scenario, hybrids are a threat to the environment because they contribute to increased congestion. We know from reading our mail that this is not a popular thing to say but, as our editor constantly reminds us, we're not running a popularity contest.

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 Motor Sales, U.S.A., is recalling approximately 120 model year 2014 FJ Cruiser.

The steering system contains an intermediate shaft connecting the steering wheel to the steering gear box, which could have received an inadequate weld. Under some circumstances, the weld could separate, resulting in the loss of steering control and increasing the risk of a crash.

Toyota says it is not aware of any crashes, injuries, or fatalities caused by this condition.

Owners of the involved vehicles will receive a notification by first class mail. Toyota dealers will replace the intermediate shaft.

Consumers may call Toyota customer service at 1-800-331-4331.

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.

It just keeps getting worse for Toyota. The Japanese automaker said it will recall another 1.1 million U.S. models to fix floor mats that may jam accelerator pedals and cause unintended acceleration.

It's an extension of last fall's recall, when Toyota recalled 4.3 million vehicles. Earlier this week, Toyota took the unprecedented step of suspending sales of eight models -- some 2.3 million vehicles -- involved in a separate recall for sticking accelerator pedals announced earlier this month.

The latest announcement involves:

• 2008-10 Highlanders

• 2009-2010 Corollas, Venzas, and Matrixes.

It also covers 2009-2010 Pontiac Vibes made in a joint venture with General Motors Co.

There are two separate problems involving the accelerator pedals -- both potentially causing unintended acceleration and possible loss of control. In the 2.3 million vehicles recalled last week, accelerator pedals may become sluggish and stick in the open position. The other recall involves the possibility that floor mats may jam the accelerator pedals.

Toyota's remedy for the floor mat problem involves modifying or replacing the accelerator pedals and, in some cases, modifying the floor surface to reduce the likelihood of the floor mat jamming the pedal.

The other problem -- sluggish or sticking pedals -- may be a little harder to fix. Toyota has not yet made a definitive statement about how it will address that situation.

Competitors swarm

Toyota's dramatic fall from grace creates an opportunity that its competitors are not shy about exploiting. General Motors announced that it offer a rebate of up to $1,000 or free financing to Toyota owners who buy a GM car or truck.

Industry analysts expect Honda and Hyundai to make big sales gains, both in the U.S. and in global markets, while Toyota lies wounded.

Car rental companies are also affected. Avis Budget Group and Enterprise said they are pulling all of the recalled models from their fleets.

Pressure from feds

Toyota's stunning decision to suspend sales of some of its most popular models was initially seen as an act of corporate responsibility but U.S. Transportation Secretary Ray LaHood says the automaker's decision came amid pressure from federal regulators.

"We have a responsibility for the safety of these automobiles," he told WGN radio in Chicago. "And when we discovered the accidents that have taken place with the sticking accelerators in the floor mats, we immediately told Toyota they should recall those cars."

Helping ensure the safety of our customers and restoring confidence in Toyota are very important to our company, said Group Vice President and Toyota Division General Manager Bob Carter. This action is necessary until a remedy is finalized. Were making every effort to address this situation for our customers as quickly as possible.

Earlier recalls

This week's earlier recall and sales suspension involve these models:

• 2007-10 Camrys,
• 2009-10 Corollas,
• 2009-10 RAV4s,
• 2009-10 Matrixes,
• 2005-10 Avalons,
• 2010 Highlanders,
• 2007-10 Tundras and
• 2008-10 Sequoias.

No Lexus Division or Scion vehicles are affected by these actions. Also not affected are Toyota Prius, Tacoma, Sienna, Venza, Solara, Yaris, 4Runner, FJ Cruiser, Land Cruiser and select Camry models, including all Camry hybrids, which will remain for sale.

The action is separate from the ongoing recall of 4.2 million Toyota and Lexus models for a similar but unrelated problem involving unintended acceleration, although the company said about 1.7 million vehicles are included in both recall actions.

No one knows how many accidents may have been caused by unintended acceleration in the affected models but an August 2009 tragedy on a San Diego freeway put the problem at the top of the auto safety agenda. In that accident, a California highway patrolman and his family were killed in their runaway Lexus ES 350. Someone calling from the car before it crashed at over 100 miles per hour said they couldn't stop it. Seconds later, it struck an SUV.

The Wall Street Journal uoted a Massachusetts firm, Safety Research and Strategies, as saying it had identified 2,274 incidents of unintended acceleration in Toyota vehicles, causing 275 crashes and at least 18 fatalities since 1999.

The company said it could not confirm the figures.

Toyota's 2009 recall, which is still underway, was the largest in the company's history. Toyota and Lexus vehicles affected by the earlier recall are:

• 2007-2010 Camry
• 2005-2010 Avalon
• 2004-2009 Prius
• 2005-2010 Tacoma
• 2007-2010 Tundra
• 2007-2010 Lexus ES 350
• 2006-2010 Lexus IS 250 and IS350

Toyota also said it will install a brake override system on the Camry, Avalon and Lexus models. The override will shut off all engine power if drivers press both the brake and accelerator pedals simultaneouls. Toyota said the override is intended to be "an extra measure of confidence."

The sales hiatus will idle five U.S. plans that build Toyota products for at least the week of February 1.

What to do

In the event that a driver experiences an accelerator pedal that sticks in a partial open throttle position or returns slowly to idle position, the vehicle can be controlled with firm and steady application of the brakes, the company said. The brakes should not be pumped repeatedly because it could deplete vacuum assist, requiring stronger brake pedal pressure.

Owners who have further questions can visit www.toyota.com or www.lexus.com or contact the Toyota Customer Experience Center at 1-800-331-4331 or Lexus Customer Assistance at 1-800-295-3987.

Critics complain

Critics complained that Toyota did not exactly leap at the opportunity to recognize and fix the problem and consumers have been complaining about the sudden acceleration for years. Initially, the company blamed the problem on floor mats sliding forward but the National Highway Traffic Safety Administration (NHTSA) called that statement "inaccurate and misleading."

Toyota eventually conceded that it was the design of the accelerator pedal that was causing the problem.

No one knows how many accidents may have been caused but an August 2009 tragedy on a San Diego freeway put the problem at the top of the auto safety agenda. In that accident, a California highway patrolman and his family were killed in their runaway Lexus ES 350. Someone calling from the car before it crashed at over 100 miles per hour said they couldn't stop it. Seconds later, it struck an SUV.

Others have escaped injury, but only narrowly. Radha of Philadelphia was in a parking lot earlier this year when his 2009 Prius began accelerating unexpectedly.

"I went all in for the brakes -- no reaction from the car," he said. "Car crashed into a light pole, tilted to its right crashed down in parking spot right next to where I wanted to park. With me hanging by the seat belt, car still accelerating, I went for the power button. No response to that either.

Radha managed to crawl through the window to escape from the car, the engine running wide open as the car lay on its side. When police arrived, they managed to switch the car off, Radha said.

Mary of Medford, Oregon, also reported that four incidents of unintended acceleration in her 2007 Prius were accompanied by an apparent lack of response from the brakes. She said her dealer was able to duplicate the problem twice but couldn't resolve it.

"It has nothing to do with the floor mat," Mary said.

Not only were consumers skeptical, so was the National Highway Traffic Safety Administration (NHTSA). NHTSA issued a highly unusual statement scolding Toyota for what it called "inaccurate and misleading" information in Toyota press release about the recall.

Toyota recalled 55,000 Camry and Lexus models in September 2007 following complaints of runaway acceleration. Owners of the popular Prius Hybrid had also complained of the problem but were not included in that recall, though Prius models are included in the current recall.

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.

But while most hybrid owners at least claim to be happy with their pricey acquisitions, some Prius buyers are troubled by nagging indications that Toyota's gas mileage claims for the hybrid may have a little fiction mixed in with all of the facts.

Toyota, of course, insists that all of its mileage claims are based upon standardized Environmental Protection Agency (EPA) tests.

But for Sandra C. of Bloomington, Indiana, the figures just don't add up. In fact, she says she was told the onboard computer in her car is programmed to provide high mileage numbers that may exceed the miles per gallon the car actually achieves.

Sandra bought her new Prius in the spring of 2005. I've been watching my gas mileage and have consistently gotten around 34 miles per gallon, she wrote to ConsumerAffairs.com. That is far below the sticker information and hype.

The Toyota Prius advertises on its sticker that the EPA has determined through testing that the car achieves an average of 60 mpg in city driving and 51 mpg on the highway.

Sandra took her Prius into the dealer for a check-up and was initially told that she was getting 46 miles to a gallon, which is less than the amount claimed by Toyota for city driving but still a pretty enviable figure. The service technician turned on the gas mileage icon of the onboard computer for her to prove his point.

The computer did say 46 miles per gallon, Sandra wrote. I asked them why it is that when I divide the miles from fill-up to fill-up by the gallons I put in, I get 34 or 33 miles a gallon?

The service technician admonished Sandra that she probably had her math wrong. I said no and I wanted an answer, she said.

Finally the service department manager told Sandra, Yes, you are right, you probably are getting 34 miles to a gallon.

When Sandra asked why the computer spit out the higher inaccurate, number the service manager told her, That is a number Toyota has programmed into the car which accounts for wind resistance and other factors, she said.

Voodoo Math

Susan did not buy the service managers story which she says is nothing more than voodoo math.

I said to him that is fuzzy math and dishonest. His reply was every car dealer does this, Sandra said.

Needless to say, Sandra is disappointed and unhappy with Toyota.

I've been screwed by Toyota. I don't actually blame my local dealership because this isn't their problem. Toyota has pulled this over on the public to sell their car. This must be happening to everyone else too.

Sandras mileage problems with her new Prius continue.

I filled it up after using half of my last tank of gas on the interstate and half in town. This time I got 47 mpg. So this looks like I am getting better mileage on highway than in city! That is the opposite of what Toyota advertises.

Other Complaints

Sandra is far from alone. Prius owners around the country are questioning the Toyota/EPA mileage claims.

• Winternet.com displays the site owner's Prius fuel consumption records dating back to 2002. The lifetime average as of Nov. 20, 2005 is 43.2 mpg, a bit worse than Sandra's experience.

• On another site, randyrathbun.org, a person we'll assume is Randy Rathbun displays his log dating back to March 31, 2002. His lifetime average: 47.332 mpg.

• On the Seattle Electric Vehicle Association Website, a consumer identified as RJF has posted his Prius log, starting July 14, 2005. His lifetime average to date: 49.221 mpg.

This comes as no surprise to automotive experts. Data from Consumer Reports indicates that hybrid cars get less than 60 percent of EPA estimates while navigating city streets. In Consumer Reports' real-world driving test, the Civic Hybrid averaged 26 mpg in the city, while the Toyota Prius averaged 35 mpg, much less than their respective EPA estimates of 47 and 60 mpg. Hybrid cars performed much closer to EPA estimates in Consumer Reports'

Consumer Reports' senior auto test engineer Gabriel Shenhar says that while the EPA test is a lab simulation, Consumer Reports puts the cars on the streets and measures the fuel consumed to more accurately reflect gas mileage.

Denials All Around

But back to the other half of Sandra's complaint. Does the Prius onboard Computer fudge the mileage numbers?

Asked if the Prius onboard computer is programmed to take anything into account when calculating mileage other than distance traveled and gallons consumed, a spokesman for Toyota said, I have never head of anything like that.

Toyota environmental engineer Dave Hermance says the EPA city test for the Prius includes 19 stops of at least a few seconds, which take up a "non-trivial" amount of the test and could cause hybrid cars to rate even higher than conventional cars because of their reliance on electric motors, which provide the biggest mileage boost in stop-and-go driving.

Hermance says customers who drive less than seven miles per trip will get fewer miles per gallon, as will drivers who speed. There's a huge range of customer behavior and limited resources to collect data, so there's no perfect test, according to Hermance.

As it turns out, drivers of all kinds of vehicles dont often achieve the mileage EPA finds in its tests. Most drivers get between 75 to 87 percent of the EPA rated estimates with variations based on driving habits and traffic.

A generally accepted rule of thumb is that if a new car gets less than 75 percent of its EPA rating, then there is something amiss. Sandras Prius is just at the limit of the 75 percent rule.

If this is true, then the EPA needs to change the way they do business for hybrids and Toyota knows the figures are incorrect and are creating false advertising, Sandra said.

Indeed, Sandra is not alone in her assertions. Some independent test data suggests hybrid cars routinely get less than 60 percent of EPA estimates while navigating city streets.

The Prius has averaged only 35 mpg in some city driving tests, inidcating that there may be nothing out of the ordinary with Sandras Prius, suggesting instead that the EPA numbers and Toyota mileage claims based on them are in error.

About That Computer

While the test data can explain the actual mileage Sandra was able to obtain, the Toyota information does nothing to explain why the onboard computer in her Prius provided inaccurate information at her dealership.

Toyota spokesman Sam Butto flatly denies that his company programs any fuzzy math into the Prius onboard computer.

I can tell you that Toyota does nothing to have a preset fuel economy figure and does not take into any account the wind. The meter simply calculates the fuel level and the distance driven, Butto told ConsumerAffairs.com.

He once again pointed a finger at the car owner stating that it would be extremely difficult to have fuel economy figures that low on a Prius."

"I'm not saying it is impossible. Extremely aggressive driving habits can definitely contribute to lower fuel economy but 34 mpg would be really tough to achieve on Prius," he said.

Butto had another scenario for the low gasoline mileage. What we think may have occurred, is the customer could have possibly reset the fuel monitor before refilling.

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.