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Scott McDonald and Associates PLLC

Are you Driving a Ticking Time Bomb?

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Toyota stopped sales on ten popular cars and trucks because of problems with the gas pedal sticking. No recall has been issued yet because they don't know how to fix it.  Engineers at Toyota are working on the fix, but nothing has been released yet.

The affected vehicles included:
2009 - 2010 Rav4
2009 - 2010 Corolla
2007 - 2010 Camry
2009 - 2010 Matrix
2005 - 2010 Avalon
2007 - 2010 Tundra
2008 - 2010 Sequoia
2008 - 2010 Highlander
2009 - 2010 Venza
2009 - 2010 Pontiac Vibe

Toyota claims it is not aware of any accidents caused by the gas pedal sticking, but could not rule them out either.  Their are reports of many car accidents that have resulted in fatalities associated with this problem. 

What's troubling is that Toyota has been aware of this issue for at least a couple years and not done anything to fix it.  They know the defective gas pedal comes from one particular parts supplier but had not stopped using the part.  Crazy!  It's sad when a big company sits on their hands when they know or should know they have a defective product out there hurting people. 

My wife and I experienced a similar gas pedal problem last year.  My wife's car (2007 Chevy Equinox) had a gas pedal sticking problem in 2008.  After five trips to the repair shop over twelve months for a total of 59 days in the shop Chevrolet and its engineers could not fix or even find the source of the problem.  We were told to just wait and see if it got worse. Ya right!!  Lemon laws cover this exact type of situation.

We filed a Lemon Law notice with Chevrolet and after a bit of brow beating they bought the car back.  We got most of our money back because we saved of money and paid for the car in full when we bought it.  That is not always the case. 

When you finance a new car and put little money down, you may find yourself owing more money than you can refunded under the Lemon Law calculations.  If that is the case, then you can request the auto manufacturer provide you with a new replacement car.  The replacement car should be new in the same year, make and model of your problem car.  This is car makers preferred method of dealing with lemons.  

Getting a car manufacturer to repurchase a vehicle takes patience, strong will and a willingness to take your case to arbitration if needed.  Documentation is also key.  You can find a great Washington Lemon Law information guide on the Washington Attorney General website.  Washington's Lemon Law only applies to new car sales, it does not apply to used car sales.

If you or a loved one have been injured in a Washington car accident caused by a gas pedal sticking in your Toyota please give me a call.  Product liability claims require special handling and up front investigation of the vehicle before it is altered, repaired, or disposed of in a junkyard.

Max Meyers, Esq.



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