ToyotaUPDATE 6/14/13: Judge delays approval of $1.1 billion Toyota Unintended Acceleration Class Action Lawsuit Settlement.

Approximately 20 million current and former Toyota owners will begin receiving notice postcards of a class action lawsuit settlement with Toyota Motor Corp. over the unintended acceleration of certain Toyota, Scion and Lexus vehicles.

The estimated $1 billion settlement will resolve a series of class action lawsuits, consolidated in 2010 as In Re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation. Plaintiffs in the consolidated action allege certain Toyota, Scion and Lexus vehicles equipped with electronic throttle control systems (“ETCS”) are defective and can experience acceleration that is unintended by the driver. This has caused the value of these vehicles to plummet, they allege. As a result, the class action lawsuit is pursuing claims for breach of warranties, unjust enrichment, and violations of various state consumer protection statutes due to the economic loss Class Members suffered.

Toyota denies any wrongdoing or that there is any defect in its ETCS, but has agreed to a class action lawsuit settlement to resolve the litigation.

Class Members include any person, entity or organization who, at any time before December 28, 2012, owned, purchased, leased and/or insured for residual value one of the following Toyota, Lexus and Scion vehicles:

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If you are a Class Member, you may be entitled to one or more of the following benefits from the Toyota unintended acceleration class action settlement:

Cash Payment:

If the settlement is finally approved (including any appeals resolved in favor of the settlement), Toyota will pay $250 million into a fund for distribution to eligible Class Members who: (a) sold a Subject Vehicle during the period September 1, 2009 to December 31, 2010, inclusive; (b) returned a Subject Vehicle before the lease termination date during the period September 1, 2009 to December 31, 2010, inclusive; or (c) insured and/or guaranteed the residual value of a Subject Vehicle as of September 1, 2009, and with respect to such Subject Vehicle, thereafter either made payment to an insured, or sold the Subject Vehicle, provided such payment or sale was made by a Residual Value Insurer on or before December 31, 2010; or (d) returned a leased Subject Vehicle before the lease termination date after having reported an alleged unintended acceleration event(s) to Toyota, an authorized Toyota Dealer or the National Highway Traffic Safety Administration (“NHTSA”), before December 1, 2012; or (e) had a Subject Vehicle that was declared a total loss by an insurer during the period from September 1, 2009 to December 31, 2010, inclusive.

Payments in this category will depend on the make, model, and model year of the Subject Vehicle, when the Subject Vehicle was sold or returned, the state in which the Class Member resides, the number of claims submitted, and other adjustments and deductions.

If the fund amount is insufficient to cover all claims, payments will be reduced on a pro-rata basis.

The only way to receive money from this fund is to submit a Claim Form by July 29, 2013.

Brake Override System installation:

If the settlement is finally approved, Class Members who currently own or lease certain Subject Vehicles may have a brake override system installed on their vehicle at no cost to them. The brake override system will automatically reduce engine power when the brake pedal and the accelerator pedal are applied simultaneously under certain driving conditions. Toyota will begin to offer this benefit over time, beginning after final approval by the Court.

If you are eligible for this benefit and want to take advantage of it, you will need to take your vehicle to a Toyota/Lexus/Scion authorized dealer. This benefit is available for two years from the date Toyota gives notice that the brake override system is available for a particular eligible Subject Vehicle. Check www.ToyotaELSettlement.com for updates.

Money payment to eligible current owners and lessees in lieu of offer of Brake Override System installation.

If the settlement is finally approved (including any appeals resolved in favor of the settlement), Toyota will pay $250 million into a fund for distribution to eligible Class Members who still own or lease their Subject Vehicles, unless (a) their Subject Vehicle is a hybrid vehicle; (b) they already actually received a brake override system installation on their Subject Vehicle; or (c) they are eligible for the brake override system on their Subject Vehicles described above in section B. This fund will be distributed according to the Plan of Allocation, which is available on this website under the Case Documents tab. Eligible Class Members’ payments may range from $37 to $125, depending on the state in which the Class Member resides, the number of claims submitted, and other adjustments and deductions. It is possible that payments will be lower, however, or may be higher, depending upon the number of Claims submitted and other factors, but in no event will exceed $125.

The only way to receive money from this fund is to submit a Claim Form by July 29, 2013.

Claim Forms and more information on your rights and eligible benefits in the Toyota Unintended Acceleration Economic Loss Class Action Lawsuit Settlement can be found at www.ToyotaELSettlement.com.

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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.

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11 Comments

  • javier February 18, 2013

    ok

  • Chrisanne Oliver February 21, 2013

    I recently purchased a 1996 Toyot Corolla SW and have noticed on several occasions my gas pedal pull away from my foot and the car accelerate yet my year and model are not listed as one of those affected. This happens when I am not using cruise control other times when cruise is engaged and I have disengaged it to slow down or to pass that it will re engage itself.

  • Nikki Sumner February 26, 2013

    I recently purchased a 2009 Toyota Corolla S and it was after Dec. of 2012. I am concerned that I am not eligable for the settlement. I had no knowledge of this and now I am thinking if I made a bad decision. What do I need to do in this matter? I don’t want to think I’m driving a car that could potentially kill me and my family.

  • Cindy Boyd February 26, 2013

    This is crap! I had a 2007 Prius that took off on me and went underneath a truck and totaled my car and not 1 airbag deployed either. Then I get a ticket for failure to control because they wouldn’t believe me. I fought that in court and my insurance co. and I got ahold of Toyota and they refuse to read my black bx that would sshow what happened until 2 years after the car was totaled and gone. Then I had a lawyer to file but couldn’t get anywhere because I wasn’t dead or maimed just a bit bruised and sore. So I got a ticket and lost my car and they think that’s only worth 125.00 at the most. That’s totally crap. Toyota was sent my claim and pictures and thi i the offer for people that had these problems…

  • hadassah March 1, 2013

    I own a. toyota in 2005 had all kinds of problems brought it from toyota miller in culver city

  • Life March 26, 2013

    WOW!!! Aren’t we the lucky one’s! We ‘may’ get a whole whopping $125.00 if we’re lucky!! While the 85 attorney’s honing in on the case make off with a measley amount of apprx. 2.3 million each!!! Do the numbers!

    SEE WHO Class Action Lawsuits are for? Certainly, not for the consumers!

    This is “WRONG” that these attorney’s make this kind of money off the backs of consumers!

    Question: WHO’S RIPPING WHO OFF HERE … Toyota or the attorney’s????

    Class Action lawsuits need to be changed!

  • Sung Ho Hahm March 29, 2013

    This class action is NOT for the actual victims of uncontrolled acceleration, who had suffered the most in personal injuries, property losses, increase in auto-insurance costs and so forth. Toyota did nothing to compensate for the losses for these real victims.

    These money sucking attorneys took advantage of the situation and made the settlement for themselves, without considering the real victims. This settlement will make the real victims effort to get any compensation from Toyota much more difficult or almost impossible any more. That is why we can call these 85 attorneys blood-sucking claps.

    Anyone who owned Toyota eligible to be included in the class action will be happy to be included in the action to get up to a few hundred bugs free money without doing anything for themselves. Attorneys are taking advantage of the fact to earn for millions of dollars for themselves (total $250?).

    Anybody who really got into an accident, like my wife with total estimated loss of $10,000 or more, should NEVER include him/her in the class action.

  • randy April 2, 2013

    I sold a my prius in october of 2011, because of this… why cant i be part of the settlement? this makes no sense.

  • roy zoog July 22, 2013

    My car is a Pontiac which is actually a Toyota Matrix made vehicle. Is It included. I had to take it to a Pontiac dealer and have it checked for Accelator and floor mats?

  • Adrienne B. March 20, 2014

    got $125 check in the mail today :)

  • raquel perez March 27, 2014

    no check yet in FL

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