Massachusetts Personal Injury Library
What to Do If You Were In an Accident Involving a Recalled Toyota
If you have been injured in a car accident involving a recalled Toyota, you may be wondering what steps you should take to recover damages and move on with your life.
The 2010 Toyota recall has understandably raised a great deal of concern amongst consumers. New insurance regulations mean that your car insurance carrier will provide coverage for any recall-related accidents. However, if you believe your car accident injuries were a result of Toyota’s unexpected acceleration issues or caused by defective gas pedals or brakes, you will need to file a personal injury claim.
At-Fault Determination Appeals and the Toyota Recall
The Massachusetts Division of Insurance recently issued a consumer alert that drivers who had received an at-fault determination due to an accident involving a recalled Toyota could appeal the decision. This expansion of the appeal process is solely for drivers involved in a recalled Toyota.
There are two types of appeals that can be made:
- Re-Hearings
- New Appeals
Re-hearings are applicable to drivers who were in an accident with a recalled Toyota that resulted in an at-fault determination after appearing before the Board of Appeals.
New appeals are applicable to those drivers who were in an accident with a recalled Toyota that resulted in an at-fault determination, but that has not yet gone before the Board of Appeals. Prior to appearing, you may file for an appeal if you have not previously done so.
All of this must be done within 60 days from the notice of the recall or from the date of the alert, whichever was later. The driver must be able to demonstrate that the vehicle involved in the accident is one of the recalled Toyotas.
It must also be demonstrated that your accident was related to one of the recall problems, such as unexpected acceleration or faulty brakes. These hearings are determined on a case-by-case basis.
How a Massachusetts Accident Attorney Can Help
If you have been in a car accident with a recalled Toyota and you have suffered injuries or property damage as a result, it’s vital that you consult with a personal injury lawyer. An experienced attorney can evaluate your case, answer any questions you may have, and assist you in filing a Massachusetts personal injury claim.
The personal injury law firm Kiley Law Group offers Free Evaluations. There are NO FEES unless our trained personal injury lawyers win your case.
Call today to schedule your Free Consultation.
