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Toyota 'Quietly' Settles Class-Action Lawsuit Re Engine Oil Sludge; 3+ Million @ Risk

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Old 01-09-07, 05:03 AM
  #16  
ES350Bob
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Originally Posted by O. L. T.
That's it in a nutshell. "We're not saying there ever was a fault, simply improper maintenance by consumers, HOWEVER we have always stood behind our product and will continue to do so as you see today at this moment".

GO TOYOTA!

That is typical settlement language, they get to claim nobody has admitted any wrongdoing.

Since, just on the Lexus side, it is reached in early 07 and the models/years affected are ES300 1997 through 2002 and RX300 1999 through 2002, it took quite a while and a lawsuit for some serious standing behind the product to happen.

My 99 ES300 had this happen, then as now with a defect, there is the claim it is rare and so few owners experiencing it.

In my case it required the manager of a Mobil Lube Express calling and demanding to know what was being pulled on me in order for me to avoid being charged for the work to repair the damage caused by the gel. I won't say it was huge fight but it was enough of a tussle for it have been an inconvenience to have to prove I should not be charged.

At that time I accepted it was supposedly rare for that to have happened and now I see quite the contrary. Also it was never pointed out to me that there was an established extended warranty approach to cover this because I was made to think it so rare and as if somewhat of a favor was being done for me in not charging me for the work.

The car was never the same after the valve job as before it ever gelled and needed the work, though repaired, rougher idle etc. and is the reason I traded it.
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Old 01-09-07, 08:16 AM
  #17  
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Originally Posted by 1QWKGS4
How do you check if you have engine sludge?!?
If you pull off your oil filler cap you'll see oil the consistency of yogurt. There's no mistaking it.

I don't know if there are lesser gelling instances where this wouldn't happen, but that's what I saw.
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Old 01-09-07, 09:01 AM
  #18  
mmarshall
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Originally Posted by ES350Bob
That is typical settlement language, they get to claim nobody has admitted any wrongdoing.
Yes, but in a case like this, where you have a questionable engine design combined with SOME (not all) owner neglect, a compromise decision is about the best you can come up with that is fair to each side.
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Old 01-09-07, 09:23 AM
  #19  
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Originally Posted by Threxx
Sorry but Toyota didn't do the 'right thing' until they got sued.

I don't call that "taking responsibility and making it right"... I call that "being stubborn until a pack of lawyers presents the case to a judge and the judge threatens you with hefty fines".
Originally Posted by mavericck
The people with Toyota and Lexus goggles will never see this that way. I for one don't own a pair.
Exactly.

(and I don't own a pair of those glasses either)
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Old 01-09-07, 09:38 AM
  #20  
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Originally Posted by Threxx
Sorry but Toyota didn't do the 'right thing' until they got sued.

I don't call that "taking responsibility and making it right"... I call that "being stubborn until a pack of lawyers presents the case to a judge and the judge threatens you with hefty fines".
Judges and juries, especially at the circuit court level, don't always settle cases either. Many verdicts are appealed by either side, for various reasons.

Higher-level courts and judges often overturn verdicts from lower levels. Toyota, of course, being one of the largest and richest companies in the world, has an almost endless amount of money to pay their lawyers to keep appealing.

That is why, IMO, those subject to a settlement here should take up Toyota's offer to settle while they still CAN. If they hold out for more, and Toyota decides to fight it, that's it......this case, trust me, won't be settled for YEARS.
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Old 01-09-07, 09:42 AM
  #21  
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Originally Posted by Threxx
Sorry but Toyota didn't do the 'right thing' until they got sued.

I don't call that "taking responsibility and making it right"... I call that "being stubborn until a pack of lawyers presents the case to a judge and the judge threatens you with hefty fines".
To a company like Toyota, what's one judge?

Judges and juries, especially at the circuit court level, don't always settle cases either. Many verdicts are appealed by either side, for various reasons.

Higher-level courts and judges often overturn verdicts from lower levels. Toyota, of course, being one of the largest richest companies in the world, as an almost endless pool of money to pay their lawyers to appeal.

That is why, IMO, those subject to a settlement here should take up Toyota's offer to settle while they still CAN. If they hold out for more, and Toyota decides to fight it, that's it......this case, trust me, won't be settled for YEARS.
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Old 01-09-07, 12:09 PM
  #22  
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Originally Posted by mmarshall
To a company like Toyota, what's one judge?

Judges and juries, especially at the circuit court level, don't always settle cases either. Many verdicts are appealed by either side, for various reasons.

Higher-level courts and judges often overturn verdicts from lower levels. Toyota, of course, being one of the largest richest companies in the world, as an almost endless pool of money to pay their lawyers to appeal.

That is why, IMO, those subject to a settlement here should take up Toyota's offer to settle while they still CAN. If they hold out for more, and Toyota decides to fight it, that's it......this case, trust me, won't be settled for YEARS.
They need to settle the engine issues so they can focus on the transmission issues.
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Old 01-09-07, 01:03 PM
  #23  
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Originally Posted by Ramon
As well as ES350's
That should have been ES350BOB's post. I think you beat him to it. j/k
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Old 01-09-07, 02:17 PM
  #24  
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Originally Posted by GSsnarl
That should have been ES350BOB's post. I think you beat him to it. j/k

That would be even funnier than it is if not for the length of time people have been complaining about them, long before I even knew I had a transmission problem.
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Old 01-09-07, 03:37 PM
  #25  
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Originally Posted by mmarshall
No. This is incorrect. It is NOT a ploy of quick-lube shops....that is a myth. Even Consumer Reports, so well-versed on most auto issues, has let themselves be duped to some extent with this.

I'm sorry to be so blunt, but when are you going realize your opinion does not = fact? You have a habit of telling people they're flat-out wrong in cases when there is no actual right or wrong answer, and I think it's because you have an extremely high regard for your opinion.

There is no "absolute truth" to proper oil change intervals. The closest I've come to it is the results of countless oil tests on various forums including especially BITOG forums... and most of those tests tend to promote higher mileage oil changes as being completely safe.

But regardless... it's a complex variable function of the vehicle make/model/motor in question (design, oil capacity, oil delivery system, condition of the motor, etc), driving conditions, the oil being used (detergent and antioxident packages, base stock, viscosity, etc), the filter, a little bit of luck, and a whole lot of preference on the driver's part (ie: "If I can save even an immeasurable amount of wear or sludge buildup by changing at 5k instead of 8k then I will", vs the guy who feels it's not worth the extra time and money when the engine will likely outlast the rest of the car anyway no matter what he does with the oil- neither is necessarily correct but at some point the line must be drawn).

Originally Posted by mmarshall
To a company like Toyota, what's one judge?
It was an expression. I didn't mean a judge literally told them he'd fine them a bunch of money if they didn't take care of things. That wasn't the point of my post at all.
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Old 01-09-07, 04:24 PM
  #26  
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Thanks.. i'm not sure i exactly understand - "take off the oil filter cap" - do you mean just the filter or the cap on the filter? I don't think I've ever remove the cap off the oil filter..?
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Old 01-09-07, 04:30 PM
  #27  
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Oh dear, I think I'll sell my Lexus and tell everyone to sell them and buy VWs instead....teh sky is falling.....
 
Old 01-09-07, 06:08 PM
  #28  
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Originally Posted by mavericck
The people with Toyota and Lexus goggles will never see this that way. I for one don't own a pair.
that still doesnt change the fact that Toyota has changed warranty policy for these cars some 4 years ago, and gave longer warranty for these people.

Only thing that the settlement changes is that instead of suing Toyota, customer can go to mediator who they dont have to pay...

If you havent maintained your car per toyota specifications, you still wont get anything, sludge or no sludge.
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Old 01-09-07, 06:10 PM
  #29  
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Originally Posted by Threxx

I'm sorry to be so blunt, but when are you going realize your opinion does not = fact? You have a habit of telling people they're flat-out wrong in cases when there is no actual right or wrong answer, and I think it's because you have an extremely high regard for your opinion.
I don't post things for my own regard. If I did, it would be a waste of time...I already KNOW what I think. Most of what I post is for the benefit of others....including you. If you think otherwise, feel free to ignore my posts. I don't answer every post I disagree with, either.......even on the DEBATE thread. If I did, I would be up all night......and I'm getting too old for that crap.


There is no "absolute truth" to proper oil change intervals.
True...and I never said otherwise. But even if the oil itself does not suffer viscosity breakdown ( as dino oil does at high temperatures ) the additives and detergents wear out. Those oil additives perform a number of important functions besides just general oil lubrication and heat absorbtion.......cleansing of deposits, anti-scuff action, evaporation of moisture, suspension of engine-metal-wear shave particles, etc......
But....for MOST of the type of driving we do today in urban and suburban areas, 3 months / 3000 miles is generally best. That is a fact, not an opinion. Today's endless stop-and-go driving is murder on engine oil, even with the good quality oil we have today ( SM grade, now ). And in fact, many automakers agree. For " severe service " intervals, which is what most of us actually encounter today, they recommend about half of the standard 7500 mile interval......3000-4000 miles, which is pretty much what I said.
Several automakers have tried out on-board computers that " monitor " oil condition based on number of cold starts, short trips, starts/stops, engine load, etc.....and signal for an oil change after a certain number of them, but experience with these devices has shown that the engines don't stay as clean as they do with standard 3/3000 changes. BMW, for example, has had more warranty work and engine replacements with these oil monitor devices than they did the old-fashioned way with regular oil changes every few months.

So......CAN you stretch oil changes? Sure you can. Will the engine suffer? In many, if not most, cases, yes. And some engines simply will not put up with it.....they will bite you......as the topic of this whole thread to start with....the Toyota / Lexus 3.0L V6.

So...I hope that clears up our disagreement a little. I'm not saying that oil change recommendations, even mine, are cast in stone. But recommendations are made for a good reason.....experience has often shown it.

Last edited by mmarshall; 01-09-07 at 06:23 PM.
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Old 01-10-07, 08:26 AM
  #30  
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Originally Posted by 1QWKGS4
Thanks.. i'm not sure i exactly understand - "take off the oil filter cap" - do you mean just the filter or the cap on the filter? I don't think I've ever remove the cap off the oil filter..?
Not the "oil filter cap" - the "oil filler cap". Top of your engine where you pour the oil in.
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