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Auto blog
Owner reflects on his $20.91 Toyota unintended acceleration settlement check
Sat, Nov 29 2014Where General Motors and Takata have grabbed many auto safety-related headlines this year with their problems with ignition switches and airbag inflators, a few years ago, a similar sort of scrutiny fell on Toyota for unintended acceleration. After multiple settlements with various parties totaling billions of dollars, the issues seem largely behind the Japanese automaker now. Owners are actually starting to receive their money, but it isn't exactly breaking the bank. Payouts are expected to be between $37 and $125 per person. Computer science student Jonathan Sourbeer received a check for just $20.91, and he considers what that money actually means in an op-ed in The Wall Street Journal. Sourbeer's biggest gripe is that the roughly 85 lawyers in the case are receiving $227 million in attorneys' fees and expenses, while the 25 primary plaintiffs and class representatives receive a total of just $395,270. According to the Frequently Asked Questions about the settlement, Toyota set up a $250 million fund to pay affected owners, as well. The money isn't for injuries or damages but for alleged economic loss to the vehicles. However, Sourbeer says he feels no personal suffering and still has the same car. In addition to the settlement, the automaker obviously has its own legal fees to deal with, as well. Sourbeer wonders how this is all going to affect Toyotas in the future. Obviously, the money has to come from somewhere, and it likely gets amortized over the company's vehicles in the coming years to add a few dollars to each one. That puts the problem back onto customers. Anyone involved in a class-action suit has likely seen this happen first hand. The lawyers take a large chunk of the money, and the rest is distributed in tiny morsels to those actually affected. Unfortunately, Sourbeer offers no solutions beyond saying the system needs to change.
Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases
Wed, 26 Mar 2014In the past, if an automaker did something wrong, they were usually prosecuted by the US government through something called the TREAD Act. Short for Transportation Recall Enhancement, Accountability and Documentation Act, it basically requires automakers to report recalls in other countries, along with any and all serious injuries or deaths, to the National Highway Traffic Safety Administration.
Failing to report or attempting to conceal anything when there's been a death or serious injury constitutes a criminal liability. The idea is that this setup puts the onus on manufacturers to keep NHTSA apprised of safety related issues before they become a problem in the US, thereby allowing the regulator to better protect consumers.
In theory, it sounds like a relatively airtight set of rules for dealing with misbehaving automakers. That didn't stop the US Department of Justice from ignoring TREAD in its prosecution of Toyota's handling of the unintended acceleration recall, though. The result of this new approach, which charged Toyota with wire fraud, was a $1.2 billion settlement. Now, the wire-fraud approach could be used for the expected case between the US government and General Motors, based on the statements of Attorney General Eric Holder, who specifically mentioned "similarly situated companies" when discussing Toyota.
Nissan, Toyota offering payment deferments to people affected by government shutdown
Tue, 15 Oct 2013Two weeks into the budget-related government shutdown and it sounds like some progress is finally being made, but that doesn't really help furloughed government employees pay their bills. To help out a little, Nissan and Toyota are joining Hyundai with offering payment deferments to current owners and lessees.
In a release, a Nissan spokesperson said the company is "sympathetic to any of our customers who find themselves in difficult financial circumstances - many times outside of their control."
Both Japanese automakers are allowing payment extensions of up to 90 days without penalties or fees. Unlike the Hyundai Assurance Plan, though, it doesn't seem like the Nissan or Toyota assistance will be extended to those who are still in the buying process. Scroll down for press releases from both companies about their respective payment deferment programs.
