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2016-2017 Toyota Tacoma Differential Recall Taking Too Long?

Recent recalls by Toyota have left countless Tacoma owners left wondering: will Toyota ever fix my truck?

Seeking to address problems such as oil leaks, abnormal howling noises from the rear differential, and (possibly) seized differentials, on April 27, 2017, Toyota notified the National Highway Traffic Safety Administration (NHTSA) of its intention to issue Safety Recall H0G. According to documents filed with the NHTSA, Toyota first became aware of this differential issue in late December 2015 with a report that the rear drive shaft of a 2016 Toyota Tacoma had fallen off and that the rear differential pinion had broken off. However, Toyota elected to monitor the issue for the over the next year before determining a safety recall needed to be issued.

Then, in mid-June 2017, Toyota mailed its recall notices to current owners and lessees of the affected vehicles.

However, reports from current owners reveal that Toyota has not yet released (or is suffering from a heavy shortage of) the replacement differential carrier assembly to complete the recall repairs for certain vehicles. Based on customer reports to the NHTSA, some dealers are advising consumers that replacement parts would not be available for at least eight weeks (with others reporting that no parts would be available until the beginning of 2018). And in the interim, the purchasers and leasees of Toyota's popular mid-sized truck are finding themselves forced into smaller sedans as an indefinite loaner.

Not what the consumer suspected in purchasing or leasing this mid-sized truck.

However, those consumers may be entitled to relief. Under the California Lemon Law, a manufacturer who has issued a warranty is required to both commence repairs within a reasonable time and complete any required service or repairs within 30 days. Failure to do so (in the absence of any delay beyond the control of the manufacturer or its representatives) entitles the consumer to damages. Moreover, the law also presumes that the manufacturer has been provided a reasonable opportunity to repair the vehicle if the vehicle has been in the shop for more than 30 calendar days. And if the manufacturer is unable to repair the vehicle within a reasonable number of opportunities, it may be required to offer to repurchase or replace the defective vehicle.

Whether these rules apply to your case can only be assessed by an experienced California Lemon Law attorney. To learn more about what you may be entitled to under the Lemon Law, call us TOLL FREE at (800) 959-3579 for a free consultation.

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