Rear Differential locked up while doing 55MPH

I did refuse but they told me that in order to get the paperwork for this, I had to take possession of my property. I had them tow it to my house and put it in the driveway where it will stay until this is resolved. If they agree that it is a lemon, then I am not sure if I will take a new Tacoma or the money so that I can buy a Chevy or a GMC. If the Chevy Diesel was available now, I'd likely go for that but as it is a first gen, I'm not sure that I want to take the chance.

 

I doubt they would do this, but i would bitch at them to replace the rear axel and bearings. Also the rear tires should be replaced if you were skidding.

 

At this point it doesn't matter as I will not drive it. I'll have to tow it to the chevy dealer if I have to trade it in.

 

It was at least up into 2010, including FJCs. I had my rear caught early and replaced, and all the Tualiatin-Valley Fire & Rescue FJCs had theirs replaced at the same time. My friend (@penguins_cc ) was a 2010.

I'm not sure the dealership owner is the one you need to start with. The lead service writer is the guy telling the guys with the wrenches what to do.

If you read it right, it sounds like they mean "rear diff assy, with driveshaft." Regardless, if they don't replace the diff, it's not going to move out of the bay, so it's not like they can avoid the replacement.

 

That's probably going to be hard to swing unless the tires are showing signs of bulging, significant flat spots, etc.
They aren't going to replace everything hub to hub, because that isn't the parts that failed. I'm sort of surprised the driveshaft is getting replaced, unless OP sheared something. Most any company will do only the needed service, no more.

 

The dealership owner or general manager is the only one that can sign off on either a complete replacement vehicle or return with full refund, which is what his goal is. The service manager has little control of things outside the service area other then making these recommendations to the owner/GM.

I hope OP doesnt try taking this truck to a GM dealer, he is going to loose close to 5 figures with a trade in.

 

OK I didn't see where you were going there, we were talking two different things.
Why would they replace the full vehicle? It would have to be declared a total loss, which it is not. Just some parts.

 

My advice to you is stop posting on the forum and get a lemon law attorney. One of the first things they'll tell you is to stop posting about it online.

 

Youre right, and in the end its going to be a major loss to the dealership for either of these things to happen. Declaring it a total loss would allow the dealer to mitigate the loss. Which again the only hope on the OP's part, in my opinion, is to get on a first name basis with the dealership owner. If the owner just doesnt give a fuck, he is going to have to get an attorney to send an official demand to the dealership. That may change things, but at that point he is going to be out a couple grand on a retainer. For OP to get what he wants without loosing thousands of dollars in the process, is to get a owner/GM involved in this case. What the dealer wants right now is for him to take the truck with the repairs, offer him some perks like a extended service warranty, and be done with him.

Agreed, but this is good content.

 

It isn't the dealership's fault, it's Toyota. Dealer can simply put it under drivetrain warranty work and move on, which most any dealership is going to do. Straightforward. OP shouldn't have to pay a cent. My service was a drop off in the morning, get a free rental, pick up the next day, "have a good day sir."
If you want to get a new truck out of the deal, it's lawyer time, and you'd want to go for how the failure put your life in danger. That part is not out of the question.

If OP is convinced the truck is a complete loss and won't drive it ever again, and unless I'm missing some other huuuge problem that truck has, anyone would be stupid not to make a discounted cash offer right now and start arranging for transport. I'd buy it for half, in cash, right now, and have it sent straight to Das Mule in Issaquah to put in a 4.56. DSM would be my next call for a set of Kings or Icons, Dirt King lowers and uppers, determine if this is getting Dakars or APs, throw on bigger tires with a set of SCS rims, and smile like a champ once the man in the brown truck starts arriving.

 

I should say that this is not a slam against the OP either. The loss of life factor is a real deal, and I'd highly consider looking into that. I don't like people lawyering up for every piddly thing (I roll my eyes at the sticky gas pedal cases), but this is different. It's not, "I'm here for vengeance", it's "hey, you guys just about gave me angel wings and we need a serious talk."

 

Again, im in total agreement with you. Its the dealership that is going to be the agent of Toyota to handle any exchange, reimbursement, ect that takes place at the direction of corporate. They are going to need to have approval from Toyota for all of this. Who is OP's financier would further complicate things. In the rare event that Toyota takes the truck back, they are going to have to cut a check to cancel the balance on the car note, even if its with their in house finance.

If OP is fine taking a loss on the truck im sure that there are plenty of people with frequent flyer miles that would arrange a flight for you to pick it up. Though there is no need for this if OP can get the dealership owner/GM on his side in this case. If that doesnt happen, he has a choice of loosing several thousand dollars to a gutter-sucking attorney, loosing thousands of dollars to a gutter-sucking Chevy dealership, or loosing thousands of dollars to a Tacomaworld member.

 

Actually the dealership has no control over the lemon law decision. This is purely a corporate deal. I sent a letter directly to the CEO and started a claim with the department that deals with lemons. The ONLY reason that I am pushing for a replacement and won't drive it is because the had to replace the wiring harness prior to 5k miles after it being in 4 times already. My fear is that if the wiring harness had to be replaced because of a careless worker, (I am told that he just jammed a broken wire into the receptacle) and now the rear diff fell apart while I was driving it, whats going to fall apart next and will I survive that failure?

 

You look to be taking the right actions. However, in that last statement, the wiring harness is probably put in somewhere in the midwest or wherever, while the gears were done in Mexico, and etc.,etc. It ain't all one dude in a garage, of course

 

Mexico..........

 

Don't worry bout me- I dumped my taco long ago

 

obviously its not a dude in a garage. but it doesn't matter to me, the fact is I told them 6 months ago that I was concerned about driving the truck and was worried that something else may happen. Well I was not thinking catastrophic failure as in this case. Now I have anxiety when I get in any car... You know, we all assume that the vehicle we are in will not fall apart as we are driving. It is an act of faith. This truck fell apart while I was driving it at 55. I have been know to drive it around 80. What would have happened to me if I was driving at that speed? I have been driving now for 38 years and have never heard of this happening before.

 

I'm with you. Like I said last week, I am more concerned with getting Toyota to fix this issue. I am not the type to just try for a new vehicle. If there is a reason, you are damn straight I will. I am trying to keep the negotiations between corporate and myself,but if anyone knows a good attorney, I may be looking for one in the next week....

 

Hold their lovely Prius hostage until they capitulate. Send a trim piece to the dealer every day that they do not comply with your demands.

 

THAT would put me in good standing with the GM for sure! .. NOT!!