Bannister Law is investigating a potential class action against Toyota Motor Corporation Australia Limited, for issues associated with Diesel Particulate Filters (DPFs) fitted in the 2.8 Litre diesel Toyota Hilux, Toyota Prado and Toyota Fortuner vehicles sold in Australia between 2015 to 2018.
Our clients have experienced increased fuel consumption and a loss of power of the vehicle which they believe may have been caused by the inability of the DPF to reach desired temperatures due to hard deposits accumulating on the DPF oxidation catalyst in order to commence regeneration/burn of particulates.
Specifically, it would appear that the DPF may be defective because these vehicles do not burn off particulate matter in ordinary urban driving conditions. This in turn may create:
- Particulate matter build up within the DPF;
- Blockage of the DPF;
- Excessive emission of foul smelling white fumes from the exhaust tail-pipe;
- Increased fuel consumption to the engine to raise engine temperature in order to attempt to burn the particulates within the DPF; and
- Increased wear and tear on the engine of the vehicle.
While we acknowledge that Toyota has written to their customers in December 2018 offering to clean, replace, or retro-fit a switch for these vehicles to encourage the DPF burn, our clients have been experiencing the problems mentioned above for a number of years, which has caused unnecessary inconvenience and expense.
We are considering a potential claim which may encompass:
- Repairs not covered or paid for under warranty;
- Loss of income and loss of use of the vehicles whilst being repaired;
- Compensation for any measurable increases in fuel consumption;
- Compensation for any measurable loss of power; and
- Compensation for any extraordinary depreciation in value of the vehicles due to the issues associated with the DPF.
We are investigating possible contraventions of the Australian Consumer Law section 18 (misleading and deceptive conduct), section 33 (omissions equating to misleading and deceptive conduct) and breaches of Australian Consumer Law Statutory Guarantees (eg. section 54).
For other enquiries please email [email protected]
Your Next Steps
Register your details and sign our No-Win, No Fee agreement* online (so we can act for you as our client and to keep you informed of progress).
If you have any marketing, promotional, purchase order or repairs correspondence and/or invoices from Toyota for the vehicle, these may become important for a future claim and it is important for you to keep them.
A class action is a legal proceeding which involves at least seven people with the same or substantially similar claims against the same entity or person. The lead applicant usually represents all members of the class. If the lead applicant wins their case, the other members of the class will also automatically win on the basis of the same legal finding. The benefit of having the many claims heard together may mean that the matter is dealt with more quickly and cost effectively.
Acting for Individual owners
Bannister Law can act for you individually even though you are already included in the group (or open class) if you are an affected vehicle owner.
Signing a retainer allows us to act for you individually to assess, prove and claim any individual as well as group losses suffered. The costs for acting for you individually will be claimed from Toyota, however, any shortfall would be deducted from money obtained on your behalf. Acting for you on an individual basis is on a NO WIN – NO FEE basis and fees are only payable in the event of a successful outcome. Please read the attached Bannister Law Fee Agreement and Costs Disclosure Agreement.