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It's a very very long queue to get this recall sorted. Spoke to Carlisle lexus on Monday and they said they have put the part on order for new but it will just go on back order. I don't expect anything much to happen in the next year really

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  • 2 weeks later...
On 5/9/2017 at 11:44 PM, aly-g said:

Let's all hope nobody get killed or injured because of this fault with the airbag.

Allan

Nobody been killed in UK (yet), but there are ~8 cases of death in US because of Takata airbags, I believe it is mostly Honda/Acura, then Nissan and BMW.

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I had a recall letter about drivers airbag for my Honda CRV (also Takata), then a few months later for passenger airbag, then several months later again to say that they hadn't forgot about it, just getting the parts is taking quite a while.  I've seen various numbers from 4 million to 5.5 million just for Honda, so I would imagine this is going to take quite some time to sort out.

Not my problem anymore as I switched to Lexus back in February.

Vince

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  • 4 weeks later...

Air Bag Recall on my 56 plate Honda Legend completed on 4th May this year  ..........  they just had to wait for the stock to arrive ( like everyone else I guess ):zorro:

Malc

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1 hour ago, Barry Lavin said:

I live in Ireland, no letter, never heard a word from Dealer or Lexus Ireland have the car since 2008 from new so they know where I live.Getting a 5 series BMW next month so the wife can worry about it .

 

Not the sort of attitude that will gain you a seat at the Round Table at Camelot Barry.

A Damsel should never be subject to distress :):):)

Do not forget to update us with your experience of the 5 Series.

 

Regards

John

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Woodford called me for service this year and I told them - no recall = not servicing car at Lexus. Even though I am certainly will service car at Lexus, but maybe they will escalate that to somebody and finally they going to take some actions (I know wishful thinking).

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To be honest the best way to force it to happen would be to take the car in for a service and take a courtesy car, when they ring to say your car is ready just say no there is a recall to sort first I refuse to drive the car until it is sorted. Its a nasty trick but people do it and I guarantee Lexus will very quickly acquire an airbag.

Its harsh on the dealership though as its not really their fault but you would make life hard for them as they will need that courtesy car 

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Interesting suggestion, but I doubt it is legally sound. I believe they would just put you on "daily lease" and keep your car as deposit. Furthermore, they will eventually win it in the court unless you prove it your car was not "fit for purpose" which would be extremely difficult. What's more if you somehow convince the court it would still not be dealerships responsibility.

My prediction: best case scenario - they would not get damages from you, you only pay court fees, they would not do recall, you drive a courtesy car until proceedings take place. Worst case - they report you for stealing the car, breach of the agreement and you pay damages and court fees.

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1 minute ago, Linas.P said:

Interesting suggestion, but I doubt it is legally sound. I believe they would just put you on "daily lease" and keep your car as deposit. Furthermore, they will eventually win it in the court unless you prove it your car was not "fit for purpose" which would be extremely difficult. What's more if you somehow convince the court it would still not be dealerships responsibility.

My prediction: best case scenario - they would not get damages from you, you only pay court fees, they would not do recall, you drive a courtesy car until proceedings take place. Worst case - they report you for stealing the car, breach of the agreement and you pay damages and court fees.

I work with someone who was service manager at Batemans Toyota for 30 years he had this done to him twice over the years hence coming up with the idea and you have the right for any safety related item to refuse to drive the car and demand a courtesy car until it is sorted.

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That is true, but:

1. you need to prove that airbag recall is safety related. I know it sounds obvious but I suggest trying it in the court.... Lexus states it is "voluntary" recall - in plain language - "there are no issue with the car, we just replace the airbags... just because" 

2. what was the actual issue with the car you referring to? what was the outcome? I understand it would have legal grounds if the safety related issue would be a direct outcome of the work on the car... e.g. I bring my car to the dealership for service - they fudge something obvious and I refuse the car - sounds right, but not the issue which existed before the service.

That is kind of funny, because Lexus dealerships are not legally representing Lexus. So whilst airbag issue might be Lexus liability, it is not liability of the dealership. Their liability ends with the work they did on the car. So if you bring the car for service and after service airbag light is ON - you can reject it, but if you bring the car knowing the airbag fitted might explode with shrapnel in your face - not dealership liability and you cannot reject it. Anyway - that is my understanding, I am happy to be challenged on this and proven wrong.

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I don't know the ins and outs of previous claims it was just on recalls in the past he just mentioned it when I got the nod for a new airbag months ago he was just explaining its every service managers worst nightmare. Other manufacturers such as Honda and BMW have offered alternative transport until the airbag issue is corrected if you went to Lexus with serious safety worries which could well be justified with the nature of this recall I would hope they would be willing to offer the same.

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well the company responsible for the airbags takkatta or what ever there name is have now gone into admin and bankcrupcy.

takes the pressure off of any claims ?

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13 hours ago, gji25 said:

well the company responsible for the airbags takkatta or what ever there name is have now gone into admin and bankcrupcy.

takes the pressure off of any claims ?

That is true, but in case you get injured in UK ultimately liable would be Lexus Europe Subsidiary, just to be clear - not Lexus dealerships which have kind of franchise, but actual EU holding company.   

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It's going to be an interesting one to sort out.

I'm no corporate lawyer..... but if anyone shows any interest in buying any part of the business (whole, Japanese or US subsidiary) they'll structure it to leave this liability behind with the previous business.

If the current Takata business was big enough / profitable enough to carry all this it wouldn't be going bankrupt.

 

The recall Is such an overwhelming size and cost.

 

Takata have also not done themselves any favours by initially trying to cover up the issue.

 

As mentioned by Linas.P our line of liability goes back through the retailer ( used or new) and ultimately to Lexus U.K./EU.

If we have a defective part in the car then it's their responsibility to solve it.......

Lexus have issued a U.K. Recall notice so it's sitting squarely at their door.

 

Even the synical view that many might have know Takata would not survive does not help the problem disappear as it's safety related.

 

 

http://blog.caranddriver.com/massive-takata-airbag-recall-everything-you-need-to-know-including-full-list-of-affected-vehicles/#list

 

 

Sent from my iPad using Lexus OC

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Yep - if Takata goes bust (which it did in fact, but was bailed by car makers) all car makers with defective car parts are still liable (hence they bailed it, because the cost is ultimately theirs). We purchased a product from them, which had Takata part... it is still their product which is overall unsafe to use, so they have to absorb the cost. If Takata is alive and well, then they will charge it over to Takata, if it is bankrupt, then there is nobody to charge back and costs stay with a car manufacturer.

I don't believe Takata can restructure the business to avoid liability, by now considering the impact their business has made it would need regulatory approval not only in Japan, but I guess US as well - as I doubt regulator would allow them to put this issue behind. Finally, those car makers which baled it, would not gain anything from it - if Takata is not around they will still have liability.

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Just finished with Lexus UK. They say the recall is going ahead. I then complained that my nearest Lexus dealer refuses to fix the issue on the basis they don't have the parts.

They took my VIN are registration details, opened a complaint, and said I would hear in 72 hours. We will see.

The Lexus UK Twitter feed is good for this, if you don't mind the pictures of new cars being pushed at you all day.

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1 minute ago, djkenn said:

Just finished with Lexus UK. They say the recall is going ahead. I then complained that my nearest Lexus dealer refuses to fix the issue on the basis they don't have the parts.

They took my VIN are registration details, opened a complaint, and said I would hear in 72 hours. We will see.

The Lexus UK Twitter feed is good for this, if you don't mind the pictures of new cars being pushed at you all day.

Keep us updated, I have a feeling it will be a case of "he who shouts loudest" this recall makes me feel awkward I hate complaining and making people lives hard work i.e. service manager at the nearest Lexus dealership, but the idea of the airbag sending pieces of metal flying at my wife or 6 month old baby in the event of an accident do terrify me!

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Let us know how it goes, it seems the only obvious way to go (though I don't know why I haven't done it yet), because Lexus UK has something to lose, whilst dealers really have nothing to lose.

Will do mine tomorrow as well and we can see if we get the same result. 

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