Toyota recall and drivers' liability: Take the bus?

rubensni · 04-02-2010 4:35pm #1

The Toyota Motor Company has recalled millions of cars across the world due to a faulty accelerator pedal. They have put the affected drivers on notice of the fault and are arranging appointments for the fault to be rectified.

This raises a number of important questions as to where liability lies in the event of an accident. In the UK, the Association of Motor Offence Lawyers has stated the problem puts drivers in a grey area, but English solicitor Nick Freeman ("Mr Loophole") has been more forthright saying:

If you have one of the affected Toyota models, you should not drive the car until it has been checked out...the recall puts you on notice that there could be a fault, which means that you assume responsibility. You could be held criminally and civilly responsible for an accident and, in the case of a fatal accident, you could be charged with death by dangerous driving. If you have one of these cars, don't drive it.

The US Secretary of Transport, Ray La Hood, initially warned drivers to not drive the cars, but has since changed his mind and is stating that drivers "exercise caution until repairs can be made".

Toyota Ireland have not commented on the legal aspects of the flaw.

My hunch is the insurance companies here would refuse to pay out if a crash occurred due to the faulty pedals and the driver was on notice of the recall.

Carawaystick · 04-02-2010 11:00pm

if you bought the car from a garage the onus is on them not toyota to repair the fault or replace the car - sale of goods and supply of services act - goods must be of merchantable quality.

Does anyone think it raises data protection issues that toyota are getting a copy of the vehicle registration file to contact owners? Smacks of another step on the rocky road to the british dvla situation.

Victor · 05-02-2010 1:02am

Carawaystick wrote: »

Does anyone think it raises data protection issues that toyota are getting a copy of the vehicle registration file to contact owners? Smacks of another step on the rocky road to the british dvla situation.

Toyota: If we pay you €€€€ and give you 50,000 standard letters (in envelope and stamped), can you stick the address of every Toyota XYZ owner on one of the letters and put them in the post?
Vehicle Registration Office: Sure.

slimjimmc · 05-02-2010 8:45pm

Carawaystick wrote: »

if you bought the car from a garage the onus is on them not toyota to repair the fault or replace the car - sale of goods and supply of services act - goods must be of merchantable quality.

Does anyone think it raises data protection issues that toyota are getting a copy of the vehicle registration file to contact owners? Smacks of another step on the rocky road to the british dvla situation.

There are situations where the data protection restrictions do not apply, e.g. protecting your safety or property.

http://www.irishstatutebook.ie/1988/en/act/pub/0025/sec0008.html

Any restrictions in this Act on the disclosure of personal data do not apply if the disclosure is—
::
( d ) required urgently to prevent injury or other damage to the health of a person or serious loss of or damage to property,
::

Toyota recall and drivers' liability: Take the bus?

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