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NSW Airbag Recall from Toyota - Sue for Negligence?

Discussion in 'Australian Consumer Law Forum' started by MTO, 6 March 2016.

  1. MTO

    MTO Member

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    Hi,

    In May 2015, Toyota recalled 5 million vehicles worldwide over fears that faulty airbags could spray shrapnel when deployed. My car is in the list in Australia.

    Every time I contact them, they say that they don't have the parts yet. It has been 10 months since the recall and my car's airbag hasn't been repaired yet.

    Now I'm pregnant and fear for my family's and my own safety. I will probably be forced to sell my car due to the circumstances, but I don't want another family to be in danger.

    Would this be considered Toyota's negligence and would this be enough to sue them? If so, what could I ask for?

    Thanks
     
  2. Rod

    Rod Well-Known Member

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    Did you buy the car new from a dealer?
     
  3. MTO

    MTO Member

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    It is a used car (2004 Toyota Corolla) that I bought from a dealer in 2011. I received a letter from Toyota last year about the recall. I tried to contact them to book the recall service. They said they didn't have the parts and they would let em know once they received them, but I've never heard back from them since then.
     
  4. Rod

    Rod Well-Known Member

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    As it is a secondhand car, I'm not confident of your legal position. Needs someone with better legal knowledge to help you. Hopefully, you'll get a reply soonish.

    I recommend you contact Toyota themselves (ie not the dealer) to find out when parts will become available. Be polite but firm in stating your situation and you need a fix or replacement vehicle 'now' and see how you go.
     
  5. MTO

    MTO Member

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    Hi Rod,

    Thanks for your help.

    I spoke with Toyota and they finally said they will be able to replace my car's airbag as they have 1 spare airbag available.

    Thank you
     

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