Auto Insurers Look at Liability in Toyota Product Recall as Toyota Defends Electronic Throttles
The Toyota Company, responding to a growing concern over its accelerator pedal recall program, has hired an outside company known as Exponent to help set the matter at rest, according to recent reports.
According to a recent Detroit News story, the embattled Japanese car company is insisting that electronic throttle systems recently introduced to their product line have nothing to do with the many vehicles that Toyota drivers report are malfunctioning on the road. Toyota says that so far, Exponent has not found any evidence that the electronic throttle setups are related to malfunctions in their vehicles.
Other reports indicate that some U.S. government agencies are skeptical about Toyota’s claims that their electronic throttle systems are safe. A lawsuit has reportedly been filed in Canada where plaintiffs maintain that the “unsafe product” of electronic systems did cause faulty acceleration in Toyota vehicles.
The whirlwind of interest and concern over the stability of electronic throttle systems in Toyotas is leading to some serious studies of applicable auto insurance law. Karge insurers have come forward and stated that Toyota drivers will generally not be liable for accidents caused by faulty acceleration. However, those in the industry indicate that there will be timeframes and requirements for drivers to fix their vehicles. Failure to get the appropriate fixes will result in motorists facing responsibility for accidents that may occur based on known dangers with their Toyota vehicles.
In the meantime, insurance companies looking at damages related to the Toyota recall issues are likely to go after the auto company for compensation. This will be a watershed moment for those involved in auto insurance law and promises to be a complex and time-consuming process for all parties involved. Time will tell how deeply this engineering problem will affect the Toyota Company, as well as Toyota drivers and their insurers.
Michael Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm... Michael Monheit→