Toyota Class Action Settlement Check, Cash or Not

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SimonJester
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Toyota Class Action Settlement Check, Cash or Not

Post by SimonJester »

So I received a check in the mail because I was included in a class action settlement against Toyota for the Unintended Acceleration issue they had a while back. I didn't even know there was a class action suit nor that I was a part of it. But because I own a Sienna minivan I am included.

Now I assume the terms of cashing the check which is a whopping $20 releases Toyota from all future liability should my vehicle accelerate unintendedly and cause injury. I say assume because the online website with the settlement documents will not open any of the documents each one gives a 404 not found. I have emailed the site notifying them of this issue.

So lets assume cashing the check releases Toyota from future liability on the issue, and prevents me from suing, would you cash the check?
My vehicle has never shown any symptoms of Unintended Acceleration but does contain an electronic acceleration system. For $20 I'm tempted to not cash the check and certainly not until I can actually read the settlement agreement.

On the check it states Your signatures on the back of the check, you agree to the terms of the release as stated in Section VI of the settlement agreement.
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin
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runner9
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by runner9 »

Not directly what you're asking, but possibly posting the site or link that's giving 404 errors, maybe others will have different results or suggestions from that route.

If it was a recall did you get it fixed?
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WolfpackFan
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by WolfpackFan »

They have a fix for the accelartion issue. You need to take your vehicle to a toyota dealer and have them apply the fix. Then cash the check and take yourself out for a nice lunch :D
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ResearchMed
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by ResearchMed »

If it's a class action suit, there may have been a previous time limit where you needed to "opt out" or you'd be included and could not sue on your own.
Or maybe the opposite in some cases.
I've seen various terms to some of these things.

In one case, there were receipts necessary for any claim over a certain amount, and a formal claim made for a smaller amount. (This was the DeBeers diamond suit a few years ago). I think receipts could be required later for the smaller claims, but were required to be sent in with the claim for larger amounts.

With the recent TIAA-CREF class action suit, we were totally unaware of it, until we got a (large) check in the mail a couple of weeks ago.

See if you can find online the original terms and any deadline in terms of whether you'd still have the option to sue outside the class action case.

I AM NOT AN ATTORNEY.
Maybe one could chime in here?

RM
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SimonJester
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by SimonJester »

They have a fix for some vehicles, but not the Sienna yet.

Someone suggested posting the website; if anyone is inclined see if you can open any of the case documents
https://www.toyotaelsettlement.com/Home/CaseDocs


You are also right its too late to opt out of the class.
"They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin
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ResearchMed
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by ResearchMed »

I've always wondered how the "too late to opt out" deadline would REALLY work, if, say, someone moves, and doesn't get notified.
Or the mail just goes to the neighbor (happens here a LOT of the time).

Can this possibly be enforced?
(I'm assuming the answer is yes, since it seems to be standard, but still......)

RM
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Kenkat
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by Kenkat »

I cashed my check. I think it was $37 or so.

My Camry was not eligible for the fix or compensation in lieu of the fix according to the website when I first received my notice. The $37 was compensation for "loss of value". It also provides an extended warranty on the throttle system, etc.

I am not really sure if the unintended acceleration issue is a real mechanical/vehicle management system issue or a combination of driver error and positioning of brake, gas pedals and other contributing issues such as floor mats. I really can't understand how putting the car in neutral wouldn't prevent a catastrophe if I was driving so it is not something I am really worried about. So I took the money.
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ResearchMed
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by ResearchMed »

kenschmidt wrote:I cashed my check. I think it was $37 or so.

My Camry was not eligible for the fix or compensation in lieu of the fix according to the website when I first received my notice. The $37 was compensation for "loss of value". It also provides an extended warranty on the throttle system, etc.

I am not really sure if the unintended acceleration issue is a real mechanical/vehicle management system issue or a combination of driver error and positioning of brake, gas pedals and other contributing issues such as floor mats. I really can't understand how putting the car in neutral wouldn't prevent a catastrophe if I was driving so it is not something I am really worried about. So I took the money.
Yeah, this is something I just haven't quite understood about those "acceleration/run-away/wouldn't stop 'til it crashed at high speed" issues a while ago.
(Note, a good colleague and his wife and his parents all perished in what was assumed to be one of these.)

Is it because it's "all electronic" now, and "putting it in neutral" just does NOT necessarily "put it in neutral"?
Or turn the engine OFF? Or do the electronic gremlins refuse to do that, too?
Is something else supposedly "happening"?

I can't imagine that no one in one of these episodes didn't try one or the other or both...

RM
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Ged
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by Ged »

ResearchMed wrote: Is it because it's "all electronic" now, and "putting it in neutral" just does NOT necessarily "put it in neutral"?
Or turn the engine OFF? Or do the electronic gremlins refuse to do that, too?
Is something else supposedly "happening"?

I can't imagine that no one in one of these episodes didn't try one or the other or both...

RM
Toyota issued recommendations to either brake, turn off the ignition or put it in neutral. Seems common sense to me. They also warned about removing the key because this would lock the steering.

http://articles.latimes.com/2010/jan/28 ... -2010jan28

I was actually in a car when this happened maybe 40 years ago - a bolt holding the air cleaner in place came loose and fell into the carb jamming the throttle open. My father was able to control the car by braking until he got it to the side of the road in neutral. I reached over and turned off the ignition. It was pretty scary as it was a fairly high performance engine and it really took off when it jammed.
sambb
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by sambb »

unintended acceleration (caused by floor mat lodging esp.) can be handled immediately with putting car in neutral. Make sure floor mats are secure and not aftermarket (toyota checks this on their dealer service). then cash the check. Enjoy the $20. Go on with life.
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by Alex Frakt »

Cash the check. No problem was ever found with the electronic throttle, and the NHTSA brought in NASA to do the testing, see http://www.nhtsa.gov/UA. The cause of "unintended acceleration" was drivers pushing the accelerator instead of the brake, just like the Audi "sudden unintended acceleration" issue 25 years ago. There were a few cases of the pedal getting stuck under incorrect or aftermarket floor mats when the driver floored the accelerator, including the infamous San Diego fatal crash of the Lexus ES350, but this could happen with any car. And yes, even if you do somehow manage to get it stuck wide open, putting it in Neutral disengages the wheels from the engine. If the driver was able to think clearly enough to either pull up the pedal with his foot or move the shift lever a half inch forward into Neutral, the crash would have been averted.
Anon1234
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by Anon1234 »

Cash the check. If you are worried about unintended acceleration you should fix or replace the vehicle, you don't wait for a catastrophic event then sue Toyota. No amount of money can compensate for the death / dismemberment of your passenger, who would presumably be your friend or relative.
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Doom&Gloom
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by Doom&Gloom »

You guys made out like bandits. My check was for just under $9.
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SimonJester
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by SimonJester »

Ok they fixed the documents so you can now read what you are agreeing to


"...each Class Member... agree to fully, finally and forever release, relinquish, acquit,discharge and hold harmless the Released Parties from any and all claims, demands, suits, petitions, liabilities, causes of action, rights, and damages of anykind and/or type regarding the
subject matter of the Actions...."

However
"Notwithstanding the foregoing, Class Representatives, Plaintiffs and Class Members are not releasing claims for personal in jury, wrongful death or actual physical property damage arising from an accident involving a Subject Vehicle. "

Thanks for the input, all good things to consider.
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by madbrain »

sambb wrote:unintended acceleration (caused by floor mat lodging esp.) can be handled immediately with putting car in neutral.
Some of these unintended acceleration problems had nothing to do with floor mats. Toyota hid these issues from the public and was fined earlier this year.

http://abcnews.go.com/Blotter/toyota-pa ... d=22972214

I haven't received any correspondence about our 2011 Prius . Maybe it's not one of the affected vehicles. We haven't experienced this issue either.
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by Alex Frakt »

madbrain wrote:
sambb wrote:unintended acceleration (caused by floor mat lodging esp.) can be handled immediately with putting car in neutral.
Some of these unintended acceleration problems had nothing to do with floor mats. Toyota hid these issues from the public and was fined earlier this year.

http://abcnews.go.com/Blotter/toyota-pa ... d=22972214

I haven't received any correspondence about our 2011 Prius . Maybe it's not one of the affected vehicles. We haven't experienced this issue either.
Sensationalist article which contains nothing about electronic throttle issues (the OPs original question). The few cases of pedals getting stuck sticking under improper floor mats and pedals not fully returning when the driver got off the gas because the pivot got gummed up were covered in the NHTSA report linked above. If Toyota hadn't initially stonewalled and denied these issues, it would never have become a major news story.

Again, the solution for any issue of unintended acceleration is to shift to neutral and firmly apply, but don't pump, the brake.
jlawrence01
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Re: Toyota Class Action Settlement Check, Cash or Not

Post by jlawrence01 »

My check was $120 and came a couple years ago. A pleasant surprise.
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