Author Topic: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins  (Read 10317 times)

Offline Autos_Editor

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Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« on: January 29, 2014, 01:22:41 pm »


Quebec court awarded compensation to owner of 2004 Toyota Corolla after its transmission failed "prematurely"

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Offline Fobroader

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #1 on: January 29, 2014, 01:26:00 pm »
Good for him.....for the $1400 wasting a few days away from work doesnt make financial sense to me.
Lighten up Francis.....

Offline Snowman

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #2 on: January 29, 2014, 02:01:21 pm »
 ??? This makes no sense, the warranty period had expired. The flood gates will open now.

Offline zakabbottvw

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #3 on: January 29, 2014, 02:10:03 pm »
WOW
Toyota probably just wanted them off their backs by that point - yikes!

Offline sailor723

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #4 on: January 29, 2014, 02:10:42 pm »
??? This makes no sense, the warranty period had expired. The flood gates will open now.

Maybe not...Do Quebec civil law (Code Napoleon?) cases set precedents for the rest of Canada?
Old Jag convertible...one itch I won't have to scratch again.

Offline Gardiner Westbound

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #5 on: January 29, 2014, 03:20:51 pm »
The federal Sale of Goods Act's implied warranty of fitness states goods must be fit for the intended use for a reasonable time after the sale. It overrides all corporate warranties and policies.

Filing a Small Claims Court action is often sufficient to persuade an obdurate automaker to remedy a malfunction at its cost rather than pay a lawyer to prepare and present a defence and the risk of an embarrassing adverse judgment - certain to be widely publicized.
"When you invent a better mousetrap the mice tend to get smarter." - Willie Gingrich

Offline Ex-airbalancer

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #6 on: January 29, 2014, 03:32:23 pm »
Would not been a problem for the used car dealer, the original owner could have abused it

I think it was a case where the judge or maybe lawyer had it in for the car company

Offline ArticSteve

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #7 on: January 29, 2014, 05:01:06 pm »
Firstly, the story is lacking details AS USUAL !!!!!!!   Was this an automatic or manual tranny  ???  Fixed twice for $1400.  ???    Makes no sense.  How can you fix a "tranny" TWICE for only $1400.  ???  Was it a clutch  ???   Where is the dealer in all this  ???

Secondly, the plaintiff was represented by her lawyer father who probably had a relationship with the local "Judge".   After all this is Quebec, land of "relationships $$$".  :) 

Thirdly, small claim court rulings can't set precedents at least in Ontario.

Fourthly, is there an appeal coming?


Offline Guy

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #8 on: January 29, 2014, 05:18:01 pm »


Secondly, the plaintiff was represented by her lawyer father who probably had a relationship with the local "Judge".   After all this is Quebec, land of "relationships $$$".  :) 

Our mayors are crooks but they do not smoke crack.. ;)

Offline ArticSteve

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #9 on: January 29, 2014, 05:27:23 pm »
He was pissed out of his mind.  Doesn't count.  CONSERVATIVE MULIGAN rules apply.
« Last Edit: January 29, 2014, 05:29:51 pm by ArticSteve »

Offline Snowman

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #10 on: January 29, 2014, 07:14:11 pm »
??? This makes no sense, the warranty period had expired.

That is certainly one way to look at it.  But are we then saying that car co's have exhausted their responsibilities provided that the car lasts throughout the warranty but no longer?  Consumers have reasonable expectations against premature parts failure.  Why should the risk of such failure necessarily fall to consumers?

Okay, where does it say how the previous 97,000 km were driven? Was proper care and maintenance practiced by the previous owner? The problems began as soon as it left the lot, was the used car dealer aware of the issues? There are many unanswered questions here.

Offline ArticSteve

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #11 on: January 29, 2014, 08:14:12 pm »
Just a sh*t article circulated from one media source to another.

NEXT  :P

Offline X-Traction

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #12 on: January 30, 2014, 12:56:12 am »
There is no question that manufacturers publicize their vehicles as being fit for service for periods, not specified, but obviously more than the warranty states.  If they are going to be responsible for only the warranty period, then they should say nothing to even hint that the car will be servicable longer than that.  They can't have it both ways.

We don't know if maintenance etc. was considered in this court case.  Without knowing the full details of this case, I'd think the manufacturer bears more responsibility if the problem can be pinned down as a design or manufacturing defect, and even more responsibility if it's also a safety hazard.

Also bearing on the matter is the seller. If, for instance, it was a certified used car from a same-brand dealership, then the brand should have more responsibility.  The last car I bought was from a same-brand dealership, and I asked for and got a copy of their internal service department inspection checklist.  I felt I could use that if I experienced an expensive problem after the stated 30-day warranty period.

I don't think this will result in "floodgates opening".  Even a small claims case is a fairly traumatic experience for most people, and you can't be unaware that you might end up getting nothing and having to pay a large corporation's legal costs.

If the floodgates did open, then what is the effect?  Well, cars will cost a little more because the manufacturers have to support them longer.  This would be tempered by the defect/safety angles mentioned above.  I doubt rusted mufflers will be covered.  On the other hand, maybe silly design errors would be less common and new models would see improved testing.  So even if cars cost a little more, they'd hold up better.  In the long run, premature failure is a form of waste and everyone would benefit from reduced waste.

Probably the most serious side effect would be loss of sales of extended warranties.  So it goes.

As for me, the failure of the electric power steering boost on my Escape certainly has court action in the back of my mind.  Especially since it's a known problem and a safety hazard -- and cost a lot to fix.
And some cretins think I hate cars.

Offline Pedestrian_A

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #13 on: January 30, 2014, 01:43:38 am »
Toyota not only cheap on the interior parts but also on hiring the lawyer...

Offline rrocket

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #14 on: January 30, 2014, 01:50:09 am »
Toyota not only cheap on the interior parts but also on hiring the lawyer...

How fast is my 911?  Supras sh*t on on me all the time...in reverse..with blown turbos  :( ...

Offline tenpenny

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Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #15 on: January 30, 2014, 07:16:25 am »
It's another example where just because someone thinks contract law says x, it might not go that way.




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Offline Snowman

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #16 on: January 30, 2014, 07:26:07 am »
Toyota not only cheap on the interior parts but also on hiring the lawyer...



My vote is stupid.

Offline fixer

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #17 on: January 30, 2014, 07:49:54 am »
Toyota not only cheap on the interior parts but also on hiring the lawyer...



My vote is stupid.
Quit whining. It's not like Toyota doesn't have its problems...like with the Camry Hybrid. ::)

Offline Noto

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #18 on: January 30, 2014, 09:04:27 am »
I'm not getting into this as I normally would.

Small claims court can set a precedent, but it only has to be followed by the same, or lower courts in the same jurisdiction (i.e. it is only binding on small claims courts in Quebec).  It will be easily distinguished, as well, meaning that nobody will actually get to use it as a precedent because the facts of the case will vary sufficiently.

I say Caveat Emptor (buyer beware).  If you're going to buy a used vehicle, you better do some damn fine history checks and take it to a mechanic you trust to get the proper low-down.

Offline mixmanmash

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Re: Out Of Warranty Corolla Owner Takes Toyota To Court, Wins
« Reply #19 on: January 30, 2014, 09:28:50 am »
It would be interesting to see the details of this case.  Quite simply, I don't see how a manufacturer could be held liable 5 years after the powertrain warranty has expired, and nor should they be held liable for a previous owners negligence.  In fact, if the resultant failure was because of this, the manufacturer should be able to go after the previous owner.