DEAR SUZANNE
By Suzanne Henderson
LETTER 135 – September 2023 | Endangered Family Man
Dear Suzanne,
I once heard somewhere that Toyota vehicles are among the most reliable compared to other automakers. But I’m not convinced this is true. Or maybe it’s just that my 2019 Toyota Tacoma doesn’t measure up to other Toyotas. Let me explain so you have an idea of what I’ve been through.
I became a family man in early 2019, so I needed something that I could use for work as well as transport my family. I did my research and purchased a Toyota Tacoma as it seemed the best option. It was brand new at the time and I’ve put about 30,000 miles on it.
After owning it for this long I’m not so sure that sticking with this truck is the best option. I have taken it for repairs more than three times, all for the same issues. It got so bad that I even had to reach out to Toyota corporate, but I got no response from them. That tells me how much they care about their customers.
ACCELERATOR EXAGGERATOR
The first time I had issues with it was a few weeks after picking it up. It had to do with the truck’s acceleration. I have asked around and done some research and it’s not uncommon to hear of cars that experience a delay in acceleration. My case is a little different.
My truck would suddenly increase speed even when my foot barely touched the accelerator. When it accelerates like this, efforts to reduce the speed are ineffective. I can remember the very first time it happened. I panicked because my wife was in the truck with me. Luckily it was a freeway and the road was free. I was able to reduce its speed before anything could go wrong.
In another instance, I had my foot on the gas pedal but instead of increasing speed, the truck began to decelerate. I had the pedal pressed all the way down, but still nothing. This was intermittent at first. It was when this began occurring over and over that I knew there was a big problem.
While I have complained about this issue multiple times to the Toyota dealership, they have had no permanent fix for me. It was beginning to feel like they were waiting for me to get into an accident before they took my case seriously. And predictably, I did get into a minor accident.
ACCELERATION ISSUES BECOME DANGEROUS
This happened one day when I, my wife, and the kids were on our way to church. While driving, the truck suddenly sped up while we were coming up to a traffic light. I almost lost control of the vehicle and was finally able to get it to slow down, but not before rear-ending the vehicle in front. The driver was quite annoyed, but after explaining things they seemed to understand.
As if this acceleration issue isn’t enough, I also experience another problem where my truck jerks or jumps forward when I switch gears. This particular issue is less of a safety issue than the acceleration, but happens more frequently.
Just last month I experienced a combination of these two issues. While driving on the freeway and trying to change gears, the truck jumped forward and then began to accelerate. What made this strange was that my foot was not on the gas pedal when this happened. Normally it occurred right when I touched the gas pedal.
THE SQUEAKY WHEEL
I took it back to the dealership and complained about it in detail, wondering if they would listen now. They took the truck and kept it for a little longer than the first two times. But in the end, it was still the same result; they couldn’t replicate the issue. This was the same thing they told me each time I took my Tacoma in for repairs.
Not a week after this freeway incident the same problem happened again. I returned the truck to them and told them that I didn’t want the truck back until it was fixed for good. Unfortunately it’s the same response, they can’t recreate the issue to figure it out.
The dealership needs to understand that I can’t have a defective vehicle with my wife and kids to worry about. It’s putting my family in danger. What’s the point of having a car that isn’t dependable and functional? This is why I need to figure out lemon law as soon as possible.
Endangered Family Man
Your 2019 Toyota Tacoma Can’t Make Up Its Mind
Dear Endangered Family Man,
First of all, you’re not the first owner that had a dealership delay repairs until you’ve driven more miles. They sometimes do this so if you ever decide to pursue a lemon law case, you would be limited in what you can get, especially if you’re past the warranty window.
In this case it was actually dangerous for them to ignore the problem. We should always assume incompetence before malice, but definitely tell your lemon law attorney about this. There may be something they can do.
Regardless, your case probably qualifies for lemon law since you still have so few miles. You should get started as soon as possible so your attorney can fight for compensation on your behalf by filing a lemon law claim.
WARRANTY ISSUES
First off, note that lemon law only covers manufacturing issues, nothing more. There are two types of manufacture warranties; basic and powertrain. Basic covers anything bumper to bumper such as electrical issues, brakes, power, etc. It usually lasts for about 3 years or 36,000 miles. Anything engine or transmission that powers the vehicle is covered by the powertrain warranty. This lasts for 5 years or 60,000 miles.
California lemon law requires at least two visits to the dealer within your warranty period regarding the same issue. 3 or more visits concerning different issues also qualifies. Since you have definitely surpassed that while still under warranty, I’d say you have a pretty strong case for a lemon law claim.
SETTLEMENT OPTIONS
Once your case is settled or won, there are a few available options for compensation, especially since you have relatively low mileage. Since you first contacted the manufacturer right after buying the car, there is very little room for pushback. As such, you can opt either for:
- Buyback
- Cash and keep
- Replacement
The buyback option means that the manufacturer buys the vehicle back from you and they pay back all that you spent on the vehicle. This includes your down payment, monthly payments, taxes accrued on the car, as well as interest. If you took out a loan to purchase the vehicle, they’ll pay that off too. The good thing about this is that your credit actually goes up.
However, the manufacturers also have a chance to manipulate how much they are expected to reimburse you. This is known as the mileage offset, which involves taking a deduction from your settlement. The mileage offset means Toyota can charge you for the miles driven during which there were no issues. They base this on the number of miles you were at during your first visit.
Since you were at such a low mileage when you first brought it in, I wouldn’t worry about this. Your attorney will likely have this deduction waived in half or in full. After all, it was the manufacturers who sold you a defective vehicle.
Another alternative is the cash and keep, which is simply cash compensation for the issues experienced while you keep the vehicle. With this, you get to keep your truck while and your warranty intact, and you do not have to deem the vehicle as a lemon to the next owner.
The replacement is probably the least popular option for a couple reasons. It limits how much compensation your attorney can get you. It also means you’re getting the same make and year you already had, meaning you might experience the same problems.
LEMON LAW TIPS
Since you purchased this vehicle in consumer-friendly California, your attorney will take your case on full contingency. That is, you will not be charged any fees of any kind. This is because the manufacturers are in charge of settling any attorney bills accrued during the case. The entire original settlement goes straight to you.
A typical lemon case takes between 3 to 7 months to get settled depending on how fast your documents get processed. The required documents you would need include all the repair orders the purchase contract and your warranty. Work with your lawyer to find out any other documents you may want to collect.
Now you still have a part to play in all this. While your attorney does all the legal legwork, you must keep making your monthly payments. Also continue to take the car to the dealership for repairs whenever issues pop up. This will only strengthen your case.
Always get the necessary documentation regardless of whether they can replicate the issues or not. You can keep driving the vehicle as often as you like, just make sure it’s safe.
I hope I provided some information that helps you decide where to go next. Good luck in your quest for justice!
Suzanne
PS. If you think your vehicle sucks and want to actually do something about it, you definitely can! Find out quickly if you have a case by visiting www.yourvehiclesucks.com right now. This website is owned by our partner law firm Quill & Arrow LLP, California’s #1 “settled” Lemon Law attorneys.
Free Legal Advice About Your 2019 Toyota Tacoma Lemon Law Claim
Dear reader, are your vehicle problems ruining your life? Confused about what legal route to take? We’re here to help! Find information about California’s lemon law protections here, fill out the form on this page, or give us a call at (323) 553-7525 to discuss your situation with someone who understands how frustrating it can be to have a lemon car, and what to do about it.
DEAR SUZANNE is a weekly column written by Suzanne Henderson and published in LemonLawyers.ORG. If you have a defective lemon vehicle and have questions about CA Lemon Lawyer or how to file a claim in California, please write to help@lemonlawyers.org. While not guaranteed, we will try to feature your letter in this column to provide you the answers you need, as well as enlighten other consumers who may have lemon problems similar to yours.
Disclaimer: Suzanne Henderson is not a lawyer and the points discussed here are intended for general information and reference purposes only and not to be construed as legal advice. Please consult a California Lemon Lawyer to get proper legal advice about your lemon law claim.
Related Articles:
- Eight Things You Need To Know About California Lemon Law
- How To Avoid Buying A Lemon & What To Do If You Already Bought One
- 7 Mistakes You Don’t Want To Make When Filing A Lemon Law Case
Featured Image:
- 2019 Toyota Tacoma ©Alexander Migl (CC BY-SA 4.0 License)
