Toyota Hit with Class Action Over Alleged Drive Shaft Defect in 2008-2013 Highlander SUVs [UPDATE]

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A proposed class action lawsuit has been filed over an alleged drive shaft defect found in 2008-2013 model year Toyota Highlander vehicles.

Filed in California’s Central District, the 33-page case claims the issue can cause the intermediate drive shaft in affected vehicles to fail, creating a “clunking, popping, and/or rattling noise” when a driver turns the steering wheel. According to the complaint, the apparent defect can manifest at any time, whether an affected vehicle is in park or driving at highway speeds, “for no discernible reason,” and poses a significant safety risk. Among other dangers, the noise that manifests as a result of the defect can be distracting to drivers, taking their attention off the road, the case says, while other consumers have reported being unable to switch gears or experiencing power steering failure.

“This fundamental inability to operate could result in perilous situations, thereby placing both the driver of the Class Vehicle and fellow motorists in serious danger,” the complaint reads.

According to the suit, defendants Toyota Motor Corp.; Toyota Motor North America, Inc.; and Toyota Motor Sales, U.S.A., Inc. have possessed “longstanding knowledge” of the apparent driveshaft flaw yet sold thousands of 2008-2013 Highlander models without disclosing the issue to buyers and lessees. Moreover, the lawsuit claims that proposed class members who have brought their Highlanders in for service related to the problem have been told by authorized Toyota service technicians that the alleged drive shaft defect does not exist.

The plaintiff further alleges Toyota service techs have also asserted to drivers that the sounds stemming from the issue are the result of “normal wear and tear,” even though the automaker’s powertrain warranty ostensibly covers any problem related to a vehicle’s engine, transmission/transaxle, front-wheel drive or rear-wheel drive systems, seatbelts and airbags for 60 months or 60,000 miles. The case alleges Toyota has known of the apparent drive shaft defect since at least 2013, evidenced by what the suit says are technical service bulletins the automaker issued to dealers proposing “fixes” to the affected vehicles at the customer’s expense.

To date, Toyota has not issued a recall of Highlander SUVs stricken by the apparent drive shaft defect, the complaint says, nor offered owners and lessees a suitable repair or replacement free of charge. Further, the proposed class action claims Toyota has made no offer to reimburse customers who incurred out-of-pocket costs related to repairing the alleged defect.

“In short, as a result of Defendants’ unfair, deceptive, and/or fraudulent business practices, current and former owners and/or lessees of Class Vehicles, including Plaintiff, have suffered an ascertainable loss of money, property, and/or loss in value,” the plaintiff alleges. “The unfair and deceptive trade practices Defendants committed were undertaken in a manner giving rise to substantial aggravating circumstances.” 

The plaintiff asserts in the lawsuit that drivers would not have bought or leased affected 2008-2013 Toyota Highlanders, or would have paid less for the vehicles, had they known of the safety hazard and repair costs stemming from the alleged intermediate drive shaft defect.