√Toyota HiLux, Prado, Fortuner class action: Do used cars qualify?

Anyone who bought a secondhand 2015 to 2020 Toyota HiLux, Prado or Fortuner with a dodgy diesel – or bought it new and then sold it – could still be eligible for thousands of dollars in compensation in a landmark court case.

The $2 billion court case involving more than 260,000 Toyota HiLux, Prado and Fortuner vehicles sold in Australia from 2015 to 2020 will include customers who bought an affected vehicle secondhand – or bought new and have since sold it.

The law firm leading the landmark open class action in the Federal Court has confirmed the number of Toyota customers who may be eligible for compensation goes beyond those who bought their vehicle new and still own it today.

It also includes people who bought one of the affected vehicles as new and then sold it – and anyone who bought one of the affected vehicles secondhand within the defined period.

However, for customers to be eligible for compensation, they must register their interest with the law firm. There is no cost to register, but a portion of the compensation will go towards legal costs if the case is successful.

Toyota has announced it plans to contest the Federal Court’s decision to award more than 260,000 owners of Toyota four-wheel-drives with dodgy diesel filters up to 17.5 per cent of the of the purchase price of their vehicles.

In a statement to Drive, lawyers representing the legal firm Gilbert and Tobin, which is handling the court action on behalf of consumers, said: “People who purchased the vehicles secondhand during the relevant period are group members in the class action, and their vehicles were found to be defective.

“However, the court found that the amount of compensation to which used car buyers were entitled needed to be determined on an individual basis. This will be done in due course through a separate process.”

When asked what happens to buyers who bought an affected Toyota vehicle new – but then sold it – the law firm said they too are still eligible for compensation, but that will also “be done through a separate process still to be determined.”

And, the law firm noted: “If you purchased (an affected Toyota) vehicle new and did not sell during the relevant period, you are likely to be eligible for compensation under the current judgment.”

Regardless of their circumstances, current and former owners of affected Toyota vehicles are encouraged to sign up and register their details to determine if they are eligible for compensation.

As reported yesterday, Toyota has announced plans to contest the decision – and the astronomical sum of compensation involved.

If Toyota does not succeed with its appeal, the landmark court case could deliver the biggest compensation payout in Australian corporate history.

The law firm handling the class action of behalf of the owners of affected Toyota vehicles – Gilbert and Tobin – yesterday began contacting more than 264,000 drivers of certain Toyota HiLux, Toyota Prado and Toyota Fortuner diesel vehicles across Australia purchased from October 2015 to April 2020.

A total of 264,170 Toyota vehicles were fitted with either the 2.8-litre (1GD-FTV) and 2.4-litre (2GD-FTV) turbo diesel engines.

Before Toyota introduced a technical solution, the faulty diesel particulate filters (DPF) could clog the exhaust system and produce excessive white smoke, which often led to increased fuel consumption – and complaints from other motorists, police stops, and fines from pollution authorities.

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