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Prius Headlight Class Action Update: Settlement Reached

Discussion in 'Gen 2 Prius Main Forum' started by jaw444, Jan 16, 2011.

  1. jaw444

    jaw444 Member

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    2006-2009 Prius owners, rejoice! You finally have a class-action lawsuit that you can get behind and it doesn't involve the name James Sikes. Toyota has finally been legally compelled to provide free warranty extensions and cash reimbursements for owners of 2006-2009 Prius models that suffer from premature failure of their HID headlights. This is an issue that has been posted on PriusChat since 2006, and up to this point Toyota has refused to offer any assistance other than giving "deals" on the repairs, knocking the price down from $300/bulb to $150. Sometimes they were even nice enough to offer "good will" gestures and pay for the repairs if you complained loudly enough. Here are some details on the settlement and what they mean for you as an owner of a 2006-2009 Prius with the optional HID headlights. The settlement will provide for:
    • A free warranty extension for HID headlight bulb and electronic control units (through the earlier of 5 years and 50,000 miles); and

    • Cash reimbursements to many class members who paid for headlight repairs.
    More details and FAQs are provided below, but here is the long and short of it: If you've ever had any troubles with your HID headlights in your 2006-2009 Prius, take it into the dealership and have it documented, especially if you are still within 5 years/50k miles of the original purchase. Unfortunately, Toyota has not been helpful to Prius owners regarding this widespread issue and has turned a blind eye to their owners for 5 years so you will need to be vigilant and not expect Toyota to keep your best interests at heart. Class members are defined as: All purchasers and/or lessees of any 2006, 2007, 2008, or 2009 model year Toyota Prius vehicle originally factory equipped with genuine high intensity discharge (“HID”) headlights who reside in the United States. Benefits: (1) Warranty Extension Beginning on February 9, 2011, Toyota will extend its New Vehicle Limited Warranty to cover repairs and replacements of HID bulbs and HID electronic control units (ECUs). This means class members can take their 2006-2009 Prius to any Toyota dealership for free repairs under warranty of those parts until 5 years or 50,000 miles pass from the car’s original purchase or lease date. This warranty extension is subject to the terms in class members’ Owner’s Warranty Information booklet. If your Prius will already be beyond 5 years or 50,000 miles by February 9, 2011, warranty coverage may be available in limited circumstances (see below). (2) Cash Reimbursements Class members who spent money on an HID bulb or HID electronic control unit (ECU) repair for their 2006-2009 Prius should save their receipts and be ready to file their claim when they receive the Settlement Notice in February. HID Bulbs Class members who spent money replacing HID bulbs will be eligible to submit a claim for reimbursement of their costs. For vehicles within 5 years and 50,000 miles of the original purchase or lease date at the time of repair, full reimbursement will be provided for valid claims. For vehicles outside either 5 years or 50,000 miles at the time of repair, reimbursements will be provided for claims on a case-by-case basis. The deadline to mail in your claim will be May 10, 2011. HID Electronic Control Units (ECUs) Class members who spent money replacing an electronic control unit (ECU) before February 9, 2011, will be eligible to submit a claim for full reimbursement (including parts and labor). Instructions on how to submit a claim for reimbursement will be listed in the Settlement Notice which will be mailed to class members and posted here by mid-February. The deadline to mail your claim will be May 10, 2011. What to do now NOW: Save your HID headlight repair receipts and related documents (including any estimates or diagnostics). Repair receipts will be required for submitting a claim. If you no longer have these documents, you should contact your mechanic to see if you can obtain copies. To learn more about the settlement or to receive periodic email updates on the settlement’s progress, please fill out the form on the right. IN FEBRUARY: Review the Settlement Notice that will be mailed to class members and posted here. The Settlement Notice provides detailed information about the settlement, your rights, and how to claim reimbursements. FAQs: 1. What is the HID Headlight Advisory? According to the lawsuits, the HID headlights in the 2006-2009 Prius vehicles can begin to shut off without warning. The headlights may appear to be working when the car is first started and may even work again on the next trip. It is important to monitor your headlights and to go a dealership or mechanic as soon as you notice one of your bulbs flicking or occasionally shutting off. By monitoring your headlights and taking prompt action once you notice the problem, you will significantly reduce the chance that both lights will go out at the same time. Toyota began installing new HID bulbs in early 2008 that statistically appear to perform better, thus alleviating the frequency of the flickering and shut offs. However, Toyota has indicated that intermittent operation of HID headlights is a sign that the HID headlight bulbs are reaching the end of their useful life, so you should continue to monitor the headlights in the future. 2. Is there a deadline to mail claims for reimbursements? Yes. Class members who wish to be reimbursed for past headlight repairs must submit a claim form by May 10, 2011. All the information needed for submitting a claim will be posted here and mailed to class members by mid-February. 3. I think the HID bulbs are too expensive – is any help available? Beginning in December 2009, Toyota announced an HID Headlight Customer Support Program. Through the Program, Toyota announced it was lowering the price of the HID bulbs from the previous price of $300 per bulb to the new price of $150 per bulb. The letter announcing the Program also provided for limited reimbursements. Those who have already received reimbursements through the Program can submit a claim under this settlement but will not be “double” reimbursed for any repair expenses. 4. Can I claim reimbursements for multiple headlight repairs? Yes. 5. Can I be reimbursed even if I went to an independent mechanic or if I didn't use Toyota parts? Yes. 6. I replaced an HID bulb after 5 years or 50,000 miles. Can I still submit a claim for reimbursement? Yes, you are likely eligible to submit a claim and we highly recommend that you do so. First, class members who paid to replace an HID bulb outside of 5 years or 50,000 miles, but who have proof that the same bulb began having problems within 5 years and 50,000 miles, will be able to claim a full reimbursement. They should submit the proof along with their claim and repair receipt. Second, class members who paid to replace an HID bulb outside of 5 years or 50,000 miles, but do not have that type of proof, should still submit a claim for reimbursement. These claims will be reviewed on a case-by-case basis, taking into account the following:
    • • the cost of the headlight repairs, • the date and mileage of the headlight repairs, • the date and mileage the headlight issues began, • any previous headlight issues or repairs, and • whether you use your headlights during the day or usually only at night.
    On the Claim Form, which will be mailed and posted here by mid-February, there will be an opportunity to provide this information and anything else you think is important when you submit your claim. Class members will then be notified by mail of the amount, if any, of their reimbursement and their options for accepting or challenging the reimbursement amount. Note: HID electronic control unit (ECU) repairs do not have the same 5 year / 50,000 mile limitation. 7. Can I take advantage of the extended warranty if my Prius is outside 5 years or 50,000 miles? If your vehicle is outside the 5 years or 50,000 mile warranty period, but you can provide proof that the headlight problem began within 5 years and 50,000 miles, you will be entitled to warranty repairs. One example of proof would be to present a repair estimate done within the 5 year and 50,000 mile period. 8. What if my headlights have not gone out? Although the headlights on some 2006-2009 Prius vehicles have not gone out, we encourage all class members to diligently monitor their headlights for flickering or turning off intermittently. Toyota has indicated that intermittent operation of HID headlights is a sign that the HID headlight bulbs are reaching the end of their useful life, so you should continue to monitor the headlights in the future. 9. Is my Prius covered by the settlement? The settlement covers 2006, 2007, 2008, and 2009 model year Toyota Prius vehicles originally factory equipped with genuine high intensity discharge (HID) headlights in the United States. 10. Does this settlement cover only 2006-2009 Toyota Prius vehicles? Yes. The court-approved settlement can only provide assistance for the types of vehicles that were at issue in this case. Only the 2006-2009 Prius vehicles were listed in the complaint. Owners of other models or model years will not be barred by the settlement from seeking their own relief from Toyota or through other means, but will not be eligible to make a claim under the agreement. 11. What if I don’t receive Settlement Notice in the mail? The Settlement Notice and Claim Form will both be posted here once they are mailed to class members. [Source Girard Gibbs LLP via the PriusChat Forums]
     
  2. tonyrenier

    tonyrenier I grew up, but it's still red!

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    This is only my observation. Class Action Lawsuites enrich lawyers and pat the suite members on the head for buying them their latest yacht.
     
  3. cwerdna

    cwerdna Senior Member

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    Yep. It's pretty darn useless for me. My HIDs have been fine but I'm REAL close to the 5 year mark and already past 50K miles. :(

    A great recent example that comes to mind (besides others that I've received puny or worthless settlements from, some of which I didn't bother with) was http://wheels.blogs.nytimes.com/2009/12/14/civic-hybrid-owners-sue-honda-for-mileage-claims/. I remember people joking that the lawyers in the suit should've been reimbursed in those Honda coupons, instead of real money.
     
  4. KK6PD

    KK6PD _ . _ . / _ _ . _

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    Well OK then, I have 3 more years coverage on my HID's. (I drive <10k/year). If they are gonna blow, I hope they do it before then!
     
  5. seilerts

    seilerts Battery Curmudgeon

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    $150 per bulb is still ridiculous. Buy the Philips D4R on Amazon for $54. Note that 06-09 Prius with HID are just one of two cars to use D4R bulbs, so sourcing at a local auto parts store could be difficult and expensive.
     
  6. jaw444

    jaw444 Member

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    My car is about 4 years old but it has 56,000 miles on it. In November 2009 the right side light went out, i had it repaired, found out about the widespread nature of the issue on PriusChat, complained to Toyota and they reimbursed the repair, sending me a letter stating it was a one time good will gesture or something like that--the point seemed to be that they were not acknowledging that there was any problem with headlights. I'm not at home where my records are but I'm pretty sure i had less than 50,000 miles when that happened.

    Something that bothered me is that after they replaced the right side light, my two headlights were different. The new one was noticeably brighter and whiter, the left side one is yellowish and not as bright. It seems they are using better headlights now than when my car was manufactured. It seems to me that Toyota should cover my other light too.

    About three months ago, the left side light went out. Turning the lights off and back on caused the light to come back. I called the law firm and was told i should inform Toyota about it but i didn't because i couldn't afford the repair at that time and the light had come back on and i hoped it would be ok. It's gone off a couple more times but mostly it's on.

    This second light isn't covered under the settlement, sadly. But if it goes off i'll try to get them to cover the repair out of good will again.

    What i don't clearly understand is, in extending the warranty to 50,000/5 years, is Toyota acknowledging a defect, or what? I bought the Toyota platinum extended warranty and frankly i don't understand why a defective headlight would not be covered by that
     
  7. cwerdna

    cwerdna Senior Member

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    3rd gen Priuses don't have HIDs standard nor as an option.

    As for acknowledging a defect, usually such settlements involve no admission of fault. Page 14 of http://www.girardgibbs.com/PriusSettlementAgreement.pdf might shed some light.

    As for your extended warranty, what does your extended warranty booklet say about headlight coverage?
     
  8. Rest

    Rest Active Member

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    One of our Prius headlights occasionally does not turn on, but if the headlights are turned off and then on again, it comes back on. We are afraid our local "Stealership" won't see the issue, so we can prove the problem exists and get this repaired under the settlement warranty extension period. This Prius is a 2006 with almost 50k miles. The settlement states we can still get the headlight covered under the warranty period, but must have proof and we can't get proof if the issue doesn't happen for our "Stealership Tech" to see.
     
  9. hunterxaz

    hunterxaz New Member

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    So, just to be clear:

    This is for any Prius that's between 2006 to 2009 but below 50,000 miles only? ... lame.
     
  10. jaw444

    jaw444 Member

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    Take it in and tell them about this intermittent issue, they have to write it up. It's known to be an intermittent occurrences in some cases. So if you report the problem and Toyota documents it, i think that supports your claim under the settlement. Call the law firm, ask their advice. That's basically what they told me to do when i called them to find out what happened to the lawsuit (hadn't heard from them in a long time) and to let them know my other headlight was now acting up. She said to report it. I think you'll be OK. ALSO, the settlement specifies that your car will be covered for repairs done at the Toyota dealership or at an independent mechanic, so you can take it some place else and have it diagnosed.

    I just noticed in #6 it says that ECU repairs don't have the time and mileage limit. I guess the limit is just on the bulbs.

    After just reading 6, 7 and 8, i am going to take my car in and report that the headlight has gone out on me a few times in the past three months. It says they will evaluate those claims on a case by case basis.

    It says one of the considerations is whether you use the headlights only at night or if you use them in the day too. i guess daytime use might work against a claim?
     
  11. macmaster05

    macmaster05 Senor Member

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    Oh my gosh. If I understand the stipulations of the settlement correctly, this is music to my ears. I have 29k miles on my car. I love having HIDs. Now I don't have to worry about turning them on each time!!!
     
  12. seilerts

    seilerts Battery Curmudgeon

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    jaw444, you have described two very common features of HID bulbs: new ones operate at a different color temperature compared to the older ones, and a bulb that is about to quit will operate intermittently.

    Most recommend replacing both bulbs at the same time, but this was understandably hard to swallow at a time when dealers were charging upwards of $500 to install just one. On the other hand, you could argue that replacing both bulbs at once is standard practice and that your repair from November '09 should have covered both bulbs, thus you are entitled now to get the left side replaced under warranty. Of course, visiting the dealer for a warranty repair invites them to upsell you on some service that you don't need or repair for a problem that doesn't exist.

    The alternative is to order a bulb from Amazon and DIY, thus avoiding contact with the lawyers and dealership: a bargain at $54 in my opinion!
     
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  13. ETP

    ETP 2021 Prime(Limit),Highlander HYB Plat,B52-D,G,F,H

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    Very nice///thanks
     
  14. cycle11111

    cycle11111 New Member

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    Take a picture with a camera phone when one is out and document with the dealer
     
  15. Kutanks

    Kutanks Member

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    Well this sucks, do the '04s use the same bulbs? i know the headlight housings are different but are the bulbs the same? Im not paying $150 for new bulbs, In the long run it might be cheaper to find a pair of halogen headlights. I do like my HIDS though, they are soo bright compared to regular lights
     
  16. seilerts

    seilerts Battery Curmudgeon

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    04-05 use D2R, which looks almost identical to D4R (06-09) but runs at a different wattage. On the other hand, over 100 different car makes/models use D2R, so they are easier to find and cheaper. There is no legitimate reason for Toyota MSRP for D2R to be $175 though.
     
  17. kimgh

    kimgh Member

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    This is exactly how they go out: they start turning off randomly; off and on again with the switch restores operation. Things get progressively worse, and eventually, if you let it go long enough, I suppose the light won't work at all.

    It doesn't sound like the class action suit will help me: I have over 50K miles and it will be 5 years old in May. I've already replaced the left light, and the right one is starting to go now, so I will have to replace it in the next few weeks, presumably.


     
  18. Rest

    Rest Active Member

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    But that isn't proof the issue happened within the warranty period, nor is it proof the light went out as a picture can be a photoshop altered image.
     
  19. RobH

    RobH Senior Member

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    It's better evidence than just making a verbal claim. The service rep may judge you to be an honest character just trying to make a valid claim. Worst case is that you get turned down.

    Personally, I just bought a pair of Philips brand D4R bulbs off eBay for about $80. I've installed one, and will do the other when necessary. There are several threads here showing how to do it.
     
  20. Danny

    Danny Admin/Founder
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    jaw, thanks for posting this information. I've written an article for the frontpage of PriusChat about it. I'm really disappointed in Toyota that it had to come to this.

    Full article here: Toyota finally forced to pay for 2006-2009 Prius headlight repairs | PriusChat