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Legal approach in $1.2 billion Toyota settlement could impact handling of GM recall cases

In 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.

Toyota to pay $11 million after trial for fatal Camry crash

Years after Toyota's unintended acceleration fiasco, the company is still making headlines for cars with sticky gas pedals. A federal jury in Minnesota decided yesterday that Toyota should pay $11 million for its role in the crash of a 1996 Camry that resulted in three deaths and sent a man to jail. A stuck pedal caused the Camry of Koua Fong Lee to accelerate uncontrollably and impact an Oldsmobile Cutlass Ciera, killing its driver and his nine-year-old son, and paralyzing a six-year-old girl, who later died of her injuries. Two other passengers in the Olds were seriously injured. Lee spent nearly three years in prison on a charge of vehicular homicide, until the unintended acceleration recall erupted. He filed a motion for a new trial and won, and then joined the suit against Toyota filed by the victims and their families of the 2006 crash that left him imprisoned. The jury found Toyota 60 percent responsible for the accident, with the remaining 40 percent of blame going to Lee. Toyota has denied that the 1996 Camry, which wasn't included in the company's sweeping accelerator pedal recalls, was at fault. Toyota released a statement saying the company respects the jury's decision but believes the evidence clearly showed the vehicle wasn't the accident's cause. The company said it will study the record and consider its legal options. Under Minnesota law, the way the jury allocated fault means Toyota is responsible for paying all damages, minus 40 percent of the amount awarded to Lee, said Lee's attorney, Bob Hilliard. That brings Toyota's total liability to $10.94 million. Lee will receive $750,000 of that total. During the trial, Hilliard, told jurors there was a defect in the car's design. He said the Camry's auto-drive assembly could stick, and when tapped or pushed while stuck, it could stick again at a higher speed. He also accused Toyota of never conducting reliability tests on nylon resin pulleys that could be damaged under heat and cause the throttle to stick. "This is what makes the car go. This is what turns it into a torpedo, a missile, a deadly weapon," Hilliard said during his closing argument. Toyota said there was no defect in the design of the 1996 Camry. The company's attorney, David Graves, suggested that Lee was an inexperienced driver and mistook the gas pedal for the brake. Toyota also noted that Lee's car was never subject to the recalls of later-model Toyotas.

Automakers paying Chinese dealers for lower-than-expected sales

The Chinese dealers vs. foreign manufacturers story won't quit. It began with a story on the struggles faced by FAW-Toyota joint venture dealers, with supposedly 95 percent of the showrooms losing money, and 10 percent of them doing so poorly that they'd have to exit the business. The problem is mandated sales targets, most set when the country's economy was racing. Now that things have slowed, China's dealers are swimming in unsold cars and the costs to keep them. In the case of FAW-Toyota, dealers asked Toyota to hand over 2.2 billion yuan ($355 million) to help address the situation. That was followed by a report noting the issues that Honda, BMW, and Nissan dealers are having with the same issue, revealing that the Chinese Automobile Dealers Association (CADA) had taken the highly unusual step of writing to the Chinese government to complain. Now Reuters reports that CADA is not only pressing its case even harder, it's being open about it: it announced that BMW agreed to pay dealers 5.1 billion yuan ($820 million) to alleviate poor profits last year. Unnamed sources said Audi has thrown 2 billion yuan into the kitty for subsidies, and Daimler has contributed "about 1 billion yuan" to its dealers. The battle isn't just about 2014, but how business will be run in 2015 as well: Chinese Porsche dealers have requested the automaker lower its 2015 target of 64,000 cars, which would be a 40-percent increase on its 2014 sales of 46,931 vehicles. One analyst called it "shocking" that the CADA has taken its fight public, while CADA comments continue to imply that dealers have been railroaded to the cliff's edge without recourse. "Due to the difference in status," it's deputy secretary said, "individual dealers are not willing to, or don't dare to, talk frankly with the carmakers...." Both parties need one another, so they'll figure out a way to make it work – but that could mean acknowledging the Chinese market is behaving more like a mature one, not an emerging one. News Source: ReutersImage Credit: Lintao Zhang/Getty Images Earnings/Financials Audi BMW Porsche Toyota Car Dealers Luxury