In October 2022, lawyers representing at least half a million Toyota diesel vehicles in Australia filed a class-action lawsuit against the carmaker. The case was brought to the Supreme Court of Victoria in connection with allegations that Toyota Australia used defeat devices in thousands of their diesel vehicles that were sold to Australian drivers.
Toyota denied the allegations and said that they will rigorously defend the lawsuit.
According to the lawyers, several of Toyota’s diesel engines, specifically the ones in HiLux and Land Cruiser, allegedly manipulate emissions control systems so vehicle performance can be significantly enhanced. The following models are allegedly equipped with cheat devices:
- HiLux – 2.4-litre 2GD-FTV diesel engine
- 2.8-litre 1GD-FTV diesel-powered vehicles, including LandCruiser Prado, HiLux, HiAce, Granvia, and Fortuner
- LandCruiser – 4.5-litre 1VD-FTV diesel engine (195KW-200W)
- LandCruiser – 3.3-litre F33A-FTV diesel engine
- RAV 4 vehicles – 2.2-litre 2AD-FHV or 2AD-FTV diesel engines
The vehicles should have been bought on or after the 7th of February 2016.
While lawyers did not show any expert evidence yet, a representative for the group assured that there is an appropriate time for providing proof that Toyota used illegal devices to control their vehicles’ emissions levels.
The device that Toyota used is not the same as the ones that were found in Volkswagen diesel vehicles in September 2015, when the German carmaker was accused of allegedly using a cheat device. Instead of shifting from the On Road mode to the Testing mode when the device is working, the technology changes the behaviour of the engine depending on external factors, such as altitude, load, speed, and input. When this happens, the vehicle emits unlawfully high levels of air pollution.
With the cheat device in their vehicles, Toyota lied to customers and mis-sold diesel cars and vans as high-performing, safe, and emissions-compliant even if they are the exact opposite.
Additionally, lawyers also accused the carmaker of violating the Australian Consumer Law as their vehicles did not adhere to the required safety standards.
This latest legal action is a separate one from the existing claims brought against Toyota Motor Corporation Australia for the faulty Diesel Particulate Filters or DPFs that have allegedly been installed in some Fortuner, Prado, and HiLux models. However, lawyers are urging the affected drivers to join the class action for defeat device use.
The lawsuit is expected to become one of the largest in the claims sector and the whole of Australia. Some authorities are even saying that the Toyota emissions scandal may become even bigger than the Dieselgate scam in Australia.
What is the Dieselgate scandal?
The Dieselgate diesel emissions scandal initially involved only the Volkswagen Group when it first broke out in September 2015. It eventually grew into global proportions and now includes thousands of carmakers.
Allegedly, US authorities discovered that the VW Group installed defeat devices in their VW and Audi diesel vehicles sold to American consumers. A defeat device senses when a vehicle has gone into testing so that it can artificially reduce emissions to levels that are within the World Health Organization mandated. So, during testing, the vehicle appears emissions-compliant.
However, when the vehicle is driven on real roads, it emits unlawfully high levels of NOx or nitrogen oxide, a dangerous gas that has adverse effects on health and the environment. If proven true, the Volkswagen Group has effectively lied to customers about the vehicles’ emission levels.
The carmaker was ordered to recall thousands of vehicles while also paying off fines, fees, and compensation.
After Volkswagen, other carmakers started to get involved one after the other, including BMW, Mercedes-Benz, Vauxhall, and Peugeot.
NOx emissions
NOx or nitrogen oxide is a group of gases that has nitrogen dioxide (NO2) and nitric oxide (NO) as its main components. When it reacts with other elements, it forms pollutants such as ground-level ozone, smog, and acid rain.
If you are exposed to NOx emissions, the health impacts can be plenty:
- Depression and anxiety
- Dementia (such as Alzheimer’s disease)
- Asthma
- Respiratory conditions such as emphysema and bronchitis
- Corroded teeth
- Laryngospasm or vocal cords spasm
- Asphyxiation
- Certain cancers
- Cardiovascular diseases
Over the years, premature deaths linked to air pollution have grown in numbers. In fact, air pollution is now considered more dangerous than alcohol and cigarettes, and HIV and AIDS.
Car owners affected by the defeat devices should bring a claim against their carmaker. Authorities encouraged drivers to hold their carmakers responsible for the financial, environmental, and health-related inconveniences that illegal defeat devices have caused.
How do I begin filing my diesel claim?
The diesel claim process can be long and tedious, but if you work hand-in-hand with emissions experts, efficiency won’t be a problem. However, as not all vehicles are affected by defeat devices, it is important to first verify if you are qualified to start an emission claim.
All that you need to do is visit Emissions.co.uk and you’ll find all the information you need. Once you’re done, you can start working on your diesel claim with your chosen emissions expert.
