Reader feels acceleration concerns are being ignored
Carleton Place Almonte Canadian Gazette
Mar 18, 2016
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“Hi Brian
After discussing my problem with my local Toyota dealer and checking on several blogs on the internet, I have just learned that the Transportation Safety Board does not deal with automobile incidents. My partner suggested turning to you, so here I am.
Recently while travelling on a local city road (in my 2012 Rav4), I approached a red light and began to brake when my car went into an uncontrollable acceleration. I threw the car into neutral, to no avail, stood on the brake and threw car into park as the car bucked like a bronco, so I turned off the key. Since I did not have any previous knowledge of unintended acceleration, I called my partner who met me and we proceeded to the Toyota dealer.
I was asked to fill out an "alleged" (quotes supplied by me) description of the problem, and the service man checked the floor mat, and it lay undisturbed flat on the floor where it was supposed to be. The car floor was dry, my boots were dry, the roads were dry and there was no frost inside the car. Needless to say, I will not drive that car again. The next day, the service rep listened to my problem and introduced me to the manager who stated that all those problems were related to the floor mat sticking to the accelerator pedal. (Why would Toyota keep installing such a mat if it continued to put customers in such peril?)
Then I turned to the Internet and found that a class action lawsuit had been settled in 2014, to the tune of over a billion dollars for the very same problem that I experienced. So far, I have been ignored, insulted and am drawing a blank at finding a solution to my problem.
I was hoping you could help – either putting me in touch with a lawyer who could handle another class action suit, or helping me get in touch with some authority or board who was interested in hearing my plea.
Thanks
J”
Keep in mind I am not a legal expert, but in my 40-plus years in the business I have some knowledge regarding these types of situations. First, anyone can file a complaint form regarding such situations with Transport Canada on their website at www.tc.gc.ca/eng/motorvehiclesafety/safevehicles-defectinvestigations. My review of both Transport Canada and NHTSA (US) databases revealed no active recalls or bulletins for this issue on this model year of RAV4. Yes, there are dozens of consumer reports on the web, but just because someone posted something doesn’t necessarily substantiate it. Toyota and most other carmakers are very sensitive to unintended acceleration after massive recalls of certain older models related to defective gas pedals (the 2012 Rav4 wasn’t involved with these recalls).
You may also have the option of seeking redress through Toyota's voluntary arbitration system with CANVAP – Canadian Vehicle Arbitration Program (see www.canvap.ca for details). All that being said, without definitive and verifiable proof that this event happened (and no arbitrator will simply take your word for it) and without some type of identifiable flaw, in my humble opinion you will not likely get what you’re looking for; replacement or buyback of the vehicle.
The bucking you experienced after shifting to neutral was the result of an engine RPM limiter that shuts off fuel injection to avoid letting the engine over-rev. It is normal. You took all the right actions including turning off the key. However, trying to shift an automatic transmission into park while the vehicle is moving will do nothing as the vehicle must be stationary in order for the park lock to engage. Most late model vehicles now have another failsafe to prevent unintended acceleration. If the engine control computer reads or sees an open throttle and brake pedal application at the same time, it will reduce engine power to allow the vehicle to be brought under the driver’s control.
While, from your description, the floor mats were not likely the cause, I'd recommend replacing them with a floor liner from Weathertech or Husky (see weathertech.ca). These thin but durable waterproof liners are custom molded to specific floors of every make and model of vehicle sold in Canada. They fit up against the firewall and seats so that shifting is impossible and they do a much better job of protecting the carpeting and the electronics under them in our climate. I can understand your desire not to operate this vehicle any longer but the only option I can see (again in my humble opinion) is to trade it in.
If you have any questions, opinions, or stories on anything automotive please drop me a line, [By email to emc@perfprint.ca or directly to bjoeturner@hotmail.com listing ‘Question for the Car Counsellor’ in the subject line or by post to Record News Communications, 65 Lorne St., P.O. Box 158, Smiths Falls, ON K7A 4T1]. When using regular mail, please supply a phone number if you seek direct contact (due to volume, I can’t always promise replies).
Yours in service
Brian Turner
