Toyota Frame Settlement Postcard

A previous owner has no loss to recover with regard to frame replacement once sold to a new owner (I suppose they could seek to receive compensation for loss of value, but I have seen no such language in the settlement document). They are included in the class because if they paid for frame replacement out-of-pocket they are eligible for reimbursement. At best previous owner inclusion in the inspection and treatment/replacement component of the settlement is nebulous--were I buying an '05 to '10 Tacoma today I would not rely on that thin link...

 

I think that the big issue with the Tacomas is that the drive train lasts for a really long time, and in states that don't see winter weather and use salt there are still trucks from the 90s driving around in beautiful condition.

If you bought an early or mid 2000 ford escort you wouldn't be caring about the frame because you would have so many other problems before the frame went.

Couple that with Dana Corp making a crappy product and Toyota too care of it, better than a lot of companies would do.

My real question is how are the new frames? Will mine last?

 

"Lemon laws" generally only apply to new cars, I am not aware of any state's LL that covers used vehicles. The vehicle's being unsafe would be worth pursuing as there is an implied warranty of merchantability in most any transaction except when clearly stated as "as-is"...

 

Not sure I quite understand what you are saying. So if I tell my insurance company that I have a damaged frame, they will no longer insure it in the future unless it is replaced. But wouldnt I still be covered by my insurance company so I dont have to pay out of pocket for the repair. I am pretty sure GEICO will cover repair costs.

 

If I bought an early/mid 2000s Escort I'd be more concerned about my mental health than anything else...

 

I suspect not, you do not have damage or product liability insurance, you have collision/theft insurance. In fact I would not mention it to your insurer, they might (and probably would) cancel your coverage.

Let's suppose your frame broke, you crash and 7 people get injured/killed--the liability would be enormous...

 

I use that analogy because my first car when I was 16 was the 86 ford escort my parents bought when I was born. Six months later and a lot of overtime and I bought my first Toyota Pickup, haven't not owned a Toyota Truck since then.

 

I bought new Escorts for commuting--in '87 and '91...

 

Pretty sure isn't gonna cut it. You'd have to read your policy *very carefully*. Common sense would dictate, however, that the moment an insurance company knows that the frame is defective and 'unsafe', they're not going to cover the vehicle for *use* until it's rectified, if ever.

 

And getting insurance on a vehicle with a salvage/rebuilt title is not a cakewalk--been there, done it...

 

I have GEICO, and I don't see anything that covers manufacturer defects and/or anything involving mechanical failure. I have comp, collision, emergency road service, rental reimbursement, bodily injury, property damage, medical payments and uninsured motorist. Frame rot falls under none of those categories.

 

I suppose if I wrapped it around a tree I'd get a new frame....LOL... but I'd get a different truck more than likely.

 

Yes, auto insurance is not a warranty...

 

You are correct, they offer MBI (Mechanical Breakdown Insurance) for new vehicles, not part of standard coverage. So that option is not an option.

Sounds like my best bet is to get it inspected and go talk to the dealership I bought it from.

 

And, if any one of us can google "Toyota Frame Rot" and come up with pages of links, it's HIGHLY doubtful that any non-factory warranty will cover frame replacement. They would be absolutely off their chump to do so.

If you don't fall into the class defined in the lawsuit, your options are limited to:

-Hoping that your frame is not already rusted to the point of safety failure AND
-Treating the frame so that it does not rust any further than it already has

And all of this is on your dime.

Hey, I'm in this boat. I'm not upset about it. It could be worse. I could still own a Dodge Dakota or a goddamned Isuzu 2nd Gen Rodeo. What a piece of crap THAT was.

 

1. I have the factory Toyota extended warranty. It is not a 3rd party warranty.
2. I have 90 days from the date of purchase to bring up any issues with the vehicle to the dealer according to the NY Lemon Law. However, I did not see anything in the lemon law that includes or excludes the frame. So I would need to follow up on this to be certain. https://ag.ny.gov/consumer-frauds/used-car-lemon-law

 

Just bought a 2010 at the end of March. Noticed quite a bit of rust especially around the tailgate area.
So it looks like I'm pretty much screwed with this class action suit. I was planning on doing a Fluid Film treatment to retard any future rust. This wouldn't violate any future potential actions would it?

 

Nope, as I said above you are not a class member, so you have not given up your right to sue individually or as part of a new class action suit:

 

I finally found some nice dry pavement and took a roll under my truck for a cursory look. It appears to have been treated in some way during it's life with a black coating. The coating is peeling in a couple places and what looks like your usual metal rust is in those places (not the flaky pastry kind, just 'surface rust').

My plan is to use some of that 'rust stopper' stuff, then apply rust preventative, then some of that stuff they put on in the winter. Is there any reason why it shouldn't be on year-round? (the liquid lube or whatever it is called)

 

I'm gonna do the same tonight. I looked at it last night quickly and I did notice a good amount of rust. I should have done more research on these things before buying it...lesson learned I guess. I noticed the rust before I bought it and just thought it was normal for a 7 year old truck in the rust belt of Western NY. Now I'm concerned I made a major mistake in buying this thing. My goal was to get rid of my less reliable VW for a reliable Toyota Tacoma, and sounds like I just made my headache worse.

I also thought buying a truck with only 13K miles on it would have limited rust, but if the previous owner only drove it in the snow and never washed it, it wouldnt matter how many miles he drove.

When I look at it tonight, what are the main areas I should be looking in, and how much rust is too much? I'll take a bunch of pictures and post them if I could get some advice? I am thinking about having the dealer I bought it from inspect the frame, but worried that they will just say its fine so they dont have to deal with it.

The only thing I have is the NYS Used Car Lemon Law, which in my case is 90 days or 4000 miles from the date of purchase. Based on this text from the NYS lemon law document, the frame would be covered because it would fall under a substantial impairment of value and would make the vehicle inoperable.

https://ag.ny.gov/sites/default/files/pdfs/publications/Used_Car_Guide_2011.pdf

"WHAT CONSTITUTES A SUBSTANTIAL IMPAIRMENT OF VALUE?
It will depend on the facts in each case. In general, your complaint must be about a serious problem. For example, a defect in the engine which makes the car inoperable is clearly substantial. Some courts have found that the cumulative effect of numerous lesser defects may add up to a substantial impairment of value."