Vehicle Recall

[cobydodd]

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

My leased 2009 Toyota RAV4 has been recalled, due to an accelerator pedal problem and as of lastnight, Toyota has put a hold on the sale of these vehicles. Is this grounds for me to break my lease? I no longer feel safe driving this vehicle. Any advice will be much appreciated. Thanks!

 

[Zigner]

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

My leased 2009 Toyota RAV4 has been recalled, due to an accelerator pedal problem and as of lastnight, Toyota has put a hold on the sale of these vehicles. Is this grounds for me to break my lease? I no longer feel safe driving this vehicle. Any advice will be much appreciated. Thanks!

No - Toyota will fix your vehicle. Enjoy your car.

 

[WaltinPA]

As noted, Toyota will fix your car ... eventually.

That said, you have a contract with your leasing company and the lease contract specifies your rights, which are probably very limited. You can park the vehicle pending the recall repair - likely to be several months out, based on the info I saw yesterday. That's probably not realistic. The realistic alternative is to do some online research as to exactly what complaints have been reported with RAV4s concerning this defect; what Toyota says happens or the car may do; and formulate a plan for reacting to such symptoms if they occur while you are driving. In some models, the problem is related to floor mats. If that's the case for your model, the instant fix is something you can take care for now. Then, simply watch for those signs as you drive and wait for Toyota to call you.

 

[racer72]

The floor mat issue has nothing to do with the current recall. In almost all the cases where the floor mat was the problem with the accelerator getting stuck, the problem was the floor mat not being properly reinstalled after removal. That is why Toyota did not have to issue a recall, they issued a safety warning to the owners of the affected vehicles.

 

[janedoe23]

I have mixed feelings on this issue with having a 2008 Avalon. When a recall happens the item is not sold anymore and is removed from the situation or fixed promptly insuring no others will be harmed correct? So how is announcing a recall on a safety hazard but not knowing how to fix it fair? Are we to actually set our cars to the side and pay further money to rent a vehicle on top of the car note? Seriously? All while waiting for Toyota to come up with something?

Waltin, your suggestion of coming up with a plan in case the safety issue arrises is absurd! It's like asking the parents who own Graco strollers to make a plan so their children's fingers don't get amputated. They don't make a plan, they get it fixed and promptly. By the way, the floor mat issue was a recall several months back. This recall is solely for the pedal itself.

I think this is a risky part on Toyota, allowing a recall product to remain unfixed and allowing it to injure possibly more people. I can smell lawsuit for sure!

 

[Zigner]

I think this is a risky part on Toyota, allowing a recall product to remain unfixed and allowing it to injure possibly more people. I can smell lawsuit for sure!

I agree - Toyota is in a very bad spot right now.

 

[FlyingRon]

While this is a problem for Toyota, it's only a safety concern because people are generally idiots. I guarantee that Toyota is going to get sued for every idiot driver who decides to blame "my accellerator stuck" similar to what happened to Audi a couple of decades ago. Even if the accelerator sticks WOT unless there's something wrong with your brakes, you can stop the car.
Try it sometime (somewhere where you won't hit something). Stomp both pedals to the floor.

 

[disneykid52]

Id park it and not pay anything on the lease or loan till they fix it. i read that they dont even know how to repair the problem yet

 

[Andy0192]

Id park it and not pay anything on the lease or loan till they fix it. i read that they dont even know how to repair the problem yet

That's a good way to make sure you end up walking for a VERY long time. Don't ruin your credit over a repair/safety issue.

You can certainly sue Toyota for compensation if you think they've failed to honor their obligations & their warranty. No guarantee you'll win, but a much less risky tact than refusing to pay for a vehicle you financed.

My girlfriend owns a 2010 Camry. It's parked until they can figure out what's going on. Not worth it to me to risk her life. Lucky for us, we have a spare vehicle she can drive in the meantime.

 

[KnownOne]

So, can the OP set aside his vehicle and expect to be made whole after rental car costs?

It doesn't seem right that people must put their safety at risk just to mitigate costs in the meantime. Money is one thing; a severe accident is another. Should the consumer be forced into accepting the risk if they can't fork over rental costs?

 

[FlyingRon]

So, can the OP set aside his vehicle and expect to be made whole after rental car costs?

Isn't going to happen.

It doesn't seem right that people must put their safety at risk just to mitigate costs in the meantime. Money is one thing; a severe accident is another. Should the consumer be forced into accepting the risk if they can't fork over rental costs?

There's this big pedal on the floor just to the left of the alleged sticking gas pedal. Step on it hard. Problem solved.

 

[KnownOne]

That's strange the law takes a "no harm, no foul" approach to this. It's like they're saying "go out the there, get in a wreck, and then we'll talk." What needs to be realized, however, is the power vehicles pack - these things kill quite easily. To encourage someone to put the safety of themselves and others at risk all in the name of saving a quick buck for the manufacturer is a horrible idea. I understand the proposed solution - floor the brake. Anyone know what toll this takes on your brake pads? If this is really the ONLY feasible solution for customers, maybe Toyota should throw in a free brake job while repairing the vehicle.

 

[racer72]

My local news did a 10 minute story on this issue last night. This is the info that was supplied. The driving recommendations were from a driving instructor from the Washington State Patrol. The info about the vehicles was from a service manager of a large Toyota dealer.

The recommended method of dealing with a stuck throttle is to place the car in neutral, move to a clear or safe location then brake to a stop and turn off the vehicle. It is not recommended to try to brake while the throttle is stuck, this can result in loss of control of the vehicle and can make steering the vehicle to a safe location difficult, cars will not turn with the front brakes locked up. Plus stopping in the middle of traffic can be hazardous. An option to placing the car in neutral is to turn the key to the off position. The driver must realize that extra effort will be required to turn and stop the car. Do not turn the key to the lock position, this will disable the steering of the vehicle.

Toyota has also stated that the sticky accelerator is something that generally does not suddenly happen, it is the result of parts wearing and binding during repeated usage. If a driver begins to feel the accelerator becoming more difficult to push or if the car appears to not return to idle quickly after releasing the accelerator, Toyota recommends not driving the vehicle. Toyota says to contact a local dealer to see if a temporary repair can be made. This would involve replacing the worn parts with the same new parts and could result in having the same problem later on.

 

[ecmst12]

Try it sometime (somewhere where you won't hit something). Stomp both pedals to the floor.

Your car won't thank you for it, but it should stop if your brakes are in good working order. I had a strange vacuum leak in my car a bunch of years ago and while there was nothing wrong with the pedal, it was the same effect - constantly giving the engine gas. It took some muscle and it was really scary but I was able to stop the car, and drive it directly to the repair shop (wasn't very far if I recall).

 

[justalayman]

It would appear the problem is pretty much world wide. Obviously our laws concerning recall do not have any weight on actions outside of the US though.

info from Toyota

Toyota Vehicles : Toyota Recall January 2010: Voluntary Safety Gas Pedal Recall / Toyota

Toyota Vehicles : Frequently Asked Questions For Sticking Accelerator Pedal Recall and Suspension of Sales / Toyota

as to Toyota liability? since they have notified the public that if any of the symptoms appear, they must stop at the closest safe location and contact a Toyota dealer. I suspect the dealerships have been instructed to have such vehicles towed to their business and sequester the unit until repair can be effected. That will do a great deal to shield them from any suits due to future accidents caused by this. That now puts the onus upon the car owner to take notice of the problem and too act accordingly.

Unless a car owner can support a claim of spontaneous failure, the liability to Toyota is nil for future events.


btw: contrary to all the goodwill notices from Toyota that they are doing this to assure all owners that Toyota loves you, this is a mandatory recall and Toyota has no choice in the matter so, yes, Toyota loves you but only when told to tell you will they tell you.