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Engine Hesitation (All makes/models)
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Comments
That State is well known as a litigious centre of the universe. Everybody sues everybody, at every opportunity. Lemon Law litigation is a highly competitive growth industry there. Law firms are promising the world just to get clients signed up.Be prepared for a surprise as to how costly the contingency will be.
You were told the firm you signed on with has already succeeded in a case involving hesitation. You might want to check that out to make sure the hesitation they're talking about is the same as yours. You might also ask to see the court decision, or at least view the the precedent. I would also want to know precisely why and how your Lawyer expects he can win hands down. (alto' in Calif. the law is very much biased toward the owner, and it's almost a given that if you've had four visits about the same problem, it could be an easy winner)
Know exactly what the contingency formula consists of before you sign up. Here's a direct quote from a typical firm in Calif.--"Attorney’s fees are paid in part by the manufacturer and in part by the client, but only after the client recovers her or his monies from the manufacturer, and only out of the monies recovered from the manufacturer."
Just be cautious that you're not being led down a path of disappointment. Mark A's firm is no different than most others there.
Do you have solid facts or proof that lemon law firms in CA are deceitful? Did you hire a CA lemon law attorney before and get burned by attorney fees?
"Mark A's firm is no different than most others there."
Do you have solid proof? Otherwise, would it be considered libel by making that statement?
Man, you guys are too sensitive!
The intent of my post was just to advise caution, nothing more. I made that very clear.
Insofar as my comments about Mark A's firm being no different than others, you are welcome to show me otherwise, but it's my opinion.
Libel?? I don't think so!! (Wishful thinking on your part perhaps, but no, it isn't)
BTW, you never did say whether or not you won yours. If so, could you advise what level of court it was, ie district, etc., and when the case convened?
Yes, If you did win, you most assuredly didn't pay anything out of pocket. But the settlement would very likely be net of Attorney fees, right?
"Transmission problems with Lexus ES-300 ?"
Often lots of it.
Semantics??
Sorry to disagree. My quote was cutpasted right off the web page of a prominent San Francisco Law Firm.
The contingency fee formula was quite specific, and seems common to most Law Firms in the area.
Fees come out of the settlement payable to the litigant.
The litigant gets what's left AFTER the Law Firm takes its cut.
Sure, the litigant doesn't get charged a fee directly, but ends up getting less than a full out settlement paid by the manufacturer.
BTW, I cannot find any record of any Lemon Law cases on record for all of CA having to do with any kind of hesitation---Toyota or anyone else.
I understand not being able to find some private Arbitrations on record, but my database covers all levels of court proceedings anywhere in North America, either Canada or US.
If such a case was heard, it would be there. It's not. I searched by Case, by Lemon Law, by Manufacturer,by the Problem, and by the M. A. Law firm.
No Joy.
All the more reason to be cautious.
And Wwest is correct about lots of your time. If you value time at all, it costs dearly.
I'll say no more and just leave it at that.
"The litigant gets what's left AFTER the Law Firm takes its cut.
Sure, the litigant doesn't get charged a fee directly, but ends up getting less than a full out settlement paid by the manufacturer."
The settlement from manufacturer INCLUDES the attorney fee/costs. You are not getting 1 penny less from what you are legally entitled to. The formula is Purchase Price minus Offset + Tax + License Fee + Interest, and read this, + ATTORNEY FEES/COSTS. ATTORNEY FEES/COSTS INCLUDED IN SETTLEMENT FROM MANUFACTURER ON TOP OF WHAT YOU ARE LEGALLY ENTITLED TO. Let me repeat one more time. ATTORNEY FEES/COSTS INCLUDED IN SETTLEMENT FROM MANUFACTURER ON TOP OF WHAT YOU ARE LEGALLY ENTITLED TO.
"I cannot find any record of any Lemon Law cases on record for all of CA having to do with any kind of hesitation---Toyota or anyone else."
Of course you cannot find any record. The case was settled between the manufacturer and the client before even going to court. I believe there are some legal documents filed because I found my name in the county records. But I am not surprised you cannot find anything because there wasn't even a trial.
"And Wwest is correct about lots of your time. If you value time at all, it costs dearly."
Sorry but the only TIME I spent was 60 minutes with the attorney and he took care of the rest. Well worth it in my opinion.
I used to think you know all these lemon law stuff but seems like you have no idea what you are talking about. Have you even hired a CA lemon law attorney before?
That's all I intended. Offer a word or two of caution, nothing more, no less.
It was truthful, sincere, and polite.
The invective was more creative than necessary; perhaps even over the line.
I believe that is not only an exaggeration, but inappropriate. I thought that flat out slamming of any manufacturer was not acceptable. I dont think it helps anyone's case either.
If this bickering can't be worked out among you, I'm going to ask permission to close this topic entirely.
This is supposed to be fun, and I don't enjoy being a warden.
Here are a few suggestions:
1. If you are provoked, ignore it. Provokers go away if nobody plays with them.
2. If you have an issue with another member, e-mail me. Don't fight it out online
3. Don't personalize your comments. You can always use "one should never" rather than YOU should never, for example.
Anyway, this whole topic is on notice to use this forum for your own good benefit. This isn't a court of law. Thank you, and remember to enjoy yourselves.
Shifty the Host
http://www.edmunds.com/advice/buying/articles/43774/article.html
buzz123, "Toyota Avalon 2005+" #9684, 25 Oct 2005 7:20 pm
Is that really true? I had just assumed that everyone complaining here owned one of the suspect vehicles and had a hesitation problem. If there actually are people complaining about this issue, who dont even have one of the vehicles being discussed, I would be curious as to why as well.
Also feel I have a right to be here since a new AWD RX330 is very likely in my future. Currently own a 2001 AWD RX300 but will not trade up until I can be sure I won't be buying a lemon.
In the meantime I'm waiting to see what the new RAV4 4WD system is all about.
And remember, as those of us in the high technology industry often say, "The leading edge is very often the BLEEDING edge." There is no doubt that Toyota is an industry leader insofar as the use of applications of high technology are concerned.
I suspect that in this case, with the advent in the use of total electronic control of the transaxle, lead someone to believe that control could be used to increase fuel economy and lower emissions, and possibly reduce the number of accidental injuries and deaths resulting from engine compression braking on FWD or front biased AWD vehicles on slippery roadbed surfaces.
But then the unexpected, the BLEEDING edge, rose up and bit them. Transaxles with the breakthrough firmware began to fail prematurely.
Going to the EPA/CARB, hat in hand, and asking to revise the MPG & emissions ratings for the millions of vehicles already on the road, fix the firmware, would have been totally unacceptable for anyone of the Japanese culture. Not to mention the huge fines that might also entail.
So DBW was adopted "to protect the drivetrain".
Can you guys please explain something for me?
The car I used to have is the 2004 Solara 3.3V6 with the 5-sp sequential auto transmission.
I want to know, when the transmission is in D, is it possible for the gear to go neutral (not N in the shifter) when I slow down or hit on the brake? I am not sure if you understand my question. But by saying going to neutral, it is not from D to N on the shifter. It is more like if the gears will disengage and stay neutral even the shifter is in D.
The reason I asked is because I can almost duplicate the hesitation 100% of the time when I hit the brake to slow down (not to a complete stop, just slowing down), then hit on the gas again. I saw the RPM just keeps revving up (looks like it’s in neutral), the car idle for 1-2 seconds, and then seems like the gear got engaged in the 5th gear, then it senses the gas pedal position and downshifted once or twice, and the car surged forward.
Another experiment I have done is using the 5-sp shifter. That thing is not exactly a real auto-shifter like those in Audi. But you pay for what you get. Anyway, the transmission upshifts and downshifts by itself even its in sequential mode, but the highest gear it will upshift to will be the gear indicated on the dashboard. I did the same experiment in local driving. I hit on the brake to slow down, and then hit on the gas. The only difference is that the highest gear that it can go to is the 3rd gear. Same thing happened. The RPM revs up. Car idle 1-2 seconds, then I can sense a loud ”clunk” and the car kind of jerk a bit when the gears got engaged and the car surges. Even the passengers can feel that “clunk.”
So my question is, if the transmission can really go “neutral” while in D, does the DBW system have anything to do with it? In my opinion, the intention of going “neutral” appears obvious, which is to save on gas and get the advertised EPA mileage. Do the old transmissions (4-sp) do the same kind of shifting?
Hard to say if your trans is really "disengaged" or if you are seeing a rise in revs due to a downshift. Perceptions can be tricky.
you don't need to drive a Highlander or a Camry or whatever to have an interest in this particular issue, just as it is not a pre-requisite to have any particular issue with a particular make/model, and post in that make/model specific P+S forum - providing what you are doing is constructive and within the rules set out by your agreement to use of the Edmunds site, and within the review of the Host.
i believe scoti has been trying to cull poster comments from other forums and direct people here, but in general, hesitation isn't being discussed in those forums. also he helps make everyone aware of new posts in other forums related to the issue.
wwest is trying to provide a model of the design of the system based on materials he has acquired from the web, toyota/lexus publications, and papers on DBW, plus experiments with his vehicle.
my motivation is interest in the human factors issues associated with complex systems and whether or not they usurp the authority of the human. i am also interested in the problem from a controls perspective, and owning two AT vehicles with no hesitation, wonder what is so special about these DBW systems which causes these symptoms in a (we believe but don't know) small population of the production.
You already disposed of this lemon?
What you are describing fits the engine/throttle hesitation symtom to a "T".
Earlier 4 speed automatic transaxles, such as the one in my 2001 AWD RX300, exhibited some of symptoms, shifting into "neutral" (upshifting) just before coming to a full stop, and during closed throttle coastdown at ~30 - 40 MPH.
With no DBW throttle in these earlier models when the driver suddenly changed his/her mind and decided to accelerate quickly, rapidly, the engine would start developing high torque immediately all the while the transaxle is busily downshifting into a more appropreate gear ratio.
Follow that procedure with a stick shift and you will always get clutch slippage. Do it often enough or over a long enough period and you end up with no frictional surface left on the clutch.
Toyota decided that they could prevent you from causing premature clutch surface wear in your 5-speed transaxle by using DBW to delay the onset of engine torque during these downshift sequences.
So no, the DBW has nothing to do with the fact that your transaxle upshifts (into neutral??) during closed throttle coastdown situations. I have liitle doubt that these upshift sequences are the result of a desire to increase fuel economy and lower emissions. And since the problem seems to be much more prevalent in FWD or front biased AWD Toyota/Lexus vehicles it may also be to reduce the instances of loss of directional control due to engine compression braking on a slippery roadbed surface.
I have occassioned many instances during the winter months on icy roadbeds wherein my ABS activated at very low speeds and with very light brake application so that I could maintain steering control of the vehicle. So I have little doubt that very slight engine compression braking, especially at the front, resulting from downshifting into first just before coming to a full stop would sometimes result in loss of directional control and potentially a serious accident.
I might downshift a RWD manual transmission vehicle in these circumstances and "feather" the clutch to brake slightly and maintain directional control, but I would NEVER dare try that procedure with a FWD vehicle, even one with a stick shift.
So, DBW is a "fix", not a causative factor.
That's what mine is doing.
Then, it 'catches', and throws me forward. This is most noticable in slow stop & go driving, like cruising the parking lot mall looking for a space.
I described it earlier as similar in feeling to an old turbo-charged engine.
Perceptions can be tricky
amen to that. I wish you were in OK or TX so you could drive it.
what's interesting is posters like billran and pilot130 discounting the claims of people with the hesitation issue which is completely non-genuine. at least we are trying to understand the phenomenon - and we are supporting the people reporting the issue.
i dont have an agenda, and i don't need a PHD or government agency to tell me hesitation in a vehicle represents a safety hazard. each time someone reports applying the throttle and not going with traffic oncomming in either direction and what they experience makes the case.
yes I don't own one of these hesitating vehicles. but if I did, i'd get out of it ASAP and take the hit financially if I had to.
Well either the hesitation is a dead pedal kind of thing or the hesitation is a free-wheeling kind of thing....or....is it both? If it's dead pedal, you wouldn't get a "jerk" or 'lunge", if its a free wheeling, you would notice that as the gear "caught".
But in the meantime remember that the tachometer and speedometer is driven by an output from the engine/transaxle ECU module. Maybe just the standard circuitry or is there some firmware in between?
Several posts long into the past have reported hesitation delays that involved rising engine revs and then sudden gear engagement. It appears the "no response" at all carries the day though.
And also keep in mind that we are possibly dealing with differing symptoms from/for each of/with an unknown number of TSB revisions since the first one in 2003.
I have never discounted the fact that some people do indeed have an issue with their car. Obviously some do. And, as an ACTUAL OWNER of one of these exact cars, and one that performs flawlessly, I believe my opinion is just a valid as those who have a problem.
I have no idea why a bunch of people who dont even own one of the cars have decided to jump on the bandwagon. Hearing people that don't actually own a one of these cars say how awful and unsafe they are, is a bit hard to swallow.
I also notice that when it quiets down in here, it is often one of the non-owners who gets it stirred up again. Makes me wonder.
When I first posted that my car ran fine I was attacked, and I made the observation that only people who own cars that have a problem are welcome. Obviously thats not exactly true. Anyone who wants to come in and say how awful these cars are, even if they have never driven one, is most welcome to join in.
So after you hit the gas pedal, you need to wait for it to go from “neutral” to gear 5, then wait for it to sense the gas pedal position and then shift to 4 and 3 before the car will start getting the power you want. And that wait feels like eternity in some situations. It is also very annoying in stop and go traffic.
Wwest:
Yes I turned that :lemon: into lemonade.
It would be like flipping the gear lever into neutral, mashing the gas and then throwing it back into drive.
I think you are in fact in gear but your gas pedal is "rubber" and not signaling the injectors for whatever reason--malfunction or the computer is not allowing the injectors to activate for some other reason/signal.
This is beginning to remind me of exactly how old Jetronic fuel injection used to feel when they had a variable resistance throttle position device (circa late 1970s).
if it were programmed to go to neutral, everyone would be experiencing this...but they aren't.
or possibly, there are a few different issues which everyone is classifying as the same thing.
Here's a quote from the Skeptic's Dictionary. While some of it doesn't apply to cars, I think some of it does. I know I'm guilty of some of the things mentioned here:
"Anecdotes are unreliable for various reasons. Stories are prone to contamination by beliefs, later experiences, feedback, selective attention to details, and so on....stories get distorted in the telling and the retelling. Events get exaggerated. Time sequences get confused. Details get muddled. Memories are imperfect and selective; they are often filled in after the fact. People misinterpret their experiences. Experiences are conditioned by biases, memories, and beliefs, so people's perceptions might not be accurate. In short, anecdotes are inherently problematic and are usually impossible to test for accuracy. "
Given all this, maybe the best we can say is that everyone reporting a hesitation issue is experiencing SOMETHING going on, but what it is and how bad it is and how and why it happens is a real jump-ball.
I think Toyota has been ineffective in dealing with the problem for this very reason--in fact, it isn't "any one thing" and the catch-all phrase "hesitation" is something experienced by different people in different ways.
it's not cut and dry like an exploding gas tank or seized AC compressor.
Just my two cents.
If I've said that I push on the accelerator and nothing happens, what I meant was that I push on the accelerator and my car doesn't accelerate. Unlike when I apply the gas to my '99 Camry, the RPMs go up, the speedometer goes up.
On this car, I press the gas, the RPMs go up, but the speed doesn't change. Sometimes it feels like it slows down. Then it catches, and it jerks me forward.
Owners of same might want to practice the co-ordination required to simply nudge the sequential shifter for a single downshift just as you release the gas pedal if you foresee the need to quickly accelerate upcoming. But remember that with wintertime adverse roadbed conditions on the horizon for many of us do not try this if you suspect a slippery roadbed with any of these FWD vehicles.
"Shifts into neutral", or simply feels as if it shifted into neutral...??
These vehicles ALWAYS release the lockup clutch within the torque converter the INSTANT you touch the brake pedal, even only lightly enough to only illuminate the stoplights. That will often give your bottom of the pants sensor a feeling of upshifting.
Now, I have very little doubt that the feeling of being bumped from behind just before coming to a full stop is the result of the transaxle shifting into neutral in preparation for the upcoming shift into low gear once the vehicle is fully stopped. And there is NO question that the "slingshot effect" feeling we often get/feel is the result of a simple upshifting of the transaxles during coastdown at higher road speeds. That latter effect cause is exactly as stated in the 2001 and 2004 RX series shop manuals.
I believe both these effects to be common to the earlier 4-speed transaxles such as the one in my 2001 AWD RX300 and the newer 5-speeds.
http://www.usatoday.com/money/autos/2005-10-26-consumer-reports-usat_x.htm
http://www.consumerreports.org/main/detailv4.jsp?WebLogicSession=Q2Iqe27uiKD8yCXvaWzIsZfDR- 0sQNRybsmHzm23dB2ShWeV3P0J5|-8133692411351511251/169937902/6/7005/7005/7002/7002/7005/-1|8- 404145997230885102/169937909/6/7005/7005/7002/7002/7005/-1&CONTENT%3C%3Ecnt_id=754189&FOLD- ER%3C%3Efolder_id=113261&bmUID=1130506875386
2014 Malibu 2LT, 2015 Cruze 2LT,
The '05 Avalon no longer is a Camry underneath. Toyota started with a larger foundation on which to put the latest Avalon, making it easier to deliver generous interior space
http://www.usatoday.com/money/autos/reviews/healey/2005-02-10-avalon_x.htm
http://www.freep.com/money/autoreviews/phelan24e_20050324.htm
Also a quote from a test:
"Redesigned from the ground up, the Avalon now rides on a stretched version of the current Camry platform."
http://www.edmunds.com/insideline/do/Drives/Comparos/articleId=105147/pageId=63224
That's an Edmunds Inside Line article. The author is "By Erin Riches."
Perhaps Edmunds made a mistake? Or was it right?......
Suit yourself.
2014 Malibu 2LT, 2015 Cruze 2LT,
P.s.: Thanks Billran