I think it is a Toyota lease and Sikes is 5 months behind on his payment. Which brings up the question. How far can you be in arrears before they repo the car? He probably bought the car in 2007 as it is a 2008 model Prius. He had two homes in Foreclosure about that time also. Was Toyota that desperate to push iron, they would lease to anyone? He still owes $19k so it was probably a $30k+ Prius. Hard to find one in San Diego for less than $28k before TTL. At least before the recalls started.
They usually begin repossession proceedings once you're two months delinquent. How did he get five months in arrears? His credit was already shot. Shouldn't he have just voluntarily surrendered the car instead of pulling a dangerous stunt with which the Toyota faithful are accusing him? How the heck did a guy with such a horrid financial record even buy a new Prius? You'd think this guy would've instead bought a hooptie from the BHPH lot in the 'hood.
"Probably the first time I have opened the hood since the vehicle was bought in October or 07."
And here I figured it was a bunch of real car guys on Edmunds. I was wrong. Dang, it's not like a little dirt is going to hurt you. Do you ever pump your own gas?
I was surprised to hear that the nice Caddy has the battery under the back seat. That's so retro - my 1965 VW bug had the battery under the back seat too.
And here I figured it was a bunch of real car guys on Edmunds.
I suppose that would go for the people that did not pull their valve covers and discover Toyota sludge as well?
My guess is I rebuilt a quite a few engines and hundreds of transmissions before you were born. So if I choose to leave the greasy fingernails to someone that depends on the job for his living, it should be my prerogative. Being interested in cars is far more than looking under the hood for corroded battery terminals. Especially on a new vehicle that is supposed to be maintained by the dealer.
Let's see if they find any reason to suspect UA, but the eye witness said she didn't see any brake lights.
Let's just not get ahead of ourselves.
I see careless drivers talking on their cell phones 100x per day. Seems like every other car, wonder what the actual percentage is? UA cases represent a very tiny percentage.
Gary wondered how many unexplained crashes could have been cases of UA, but I'll ask the opposite - how many presumed UA cases were from driver inattention?
Even if only 20% of drivers are talking on the phone, that would be a factor in a heck of a lot of car crashes. I doubt they'd be telling the police they were on the phone, since it's illegal in most states and they would be issued a citation.
Reminds me of Jim Carey in Liar, Liar, when he gets pulled over by the cop and runs through an honest list of every single traffic law he broke. Hysterical movie.
Dr Gilbert's Peliminary Study Purpose - (1)Toyota failsafe systems not detecing certain shorts, etc.
Your possible feelings? (1)Wiring by Dr. Gilbert was "unrealistic condition"
Question (1)Should the failsafe systems of Toyota vehicle detected this short?
I would sincerely appreciate your further analysis. Yes, some of your theories/brainstorm regarding realistic possilbe causes of SUA/UA. I look forward to your post.
Cop: Do you know why I pulled you over? Carey: Depends on how long you were following me. Cop: Why don't we just take it from the top. Carey:
Here goes... I sped I ran a stop sign I almost hit a chevy I sped some more I failed to yield at a cross walk I changed lanes in the intersection I changed lanes without signaling While running a red light and speeding!
etc.
If it were in a Toyota some people would still probably blame UA. :P
I was at a friend's shop the other day when he asked me to move a blue car which was blocking several other cars. I thought ok no problem. As I walked past the car I noticed a name that wasn't recognizable. On the back of the car was B7 Alpina. I got it started with no problem as the key was in the ignition and the start button next to it.
My problems started when trying to shift to reverse much less to neutral at high speed. Good thing this car isn't noted for SUA/UA.
Here is complete pulbic released CHP report regarding Mr. Sikes runaway Prius.
Please note CHP actually encouraged Mr.Sikes to go to CHP office to do news interviews. CHP reports states he didn't want to do. Wanted to go home. Sikes did not want to talk to press - per report. Refused to exit ambulance until press were gone.
I have no idea what the details are regarding the possible bankruptcy filing. He may have already had the vehicle. Court may have allowed him to keep this vehicle as would be used to work.
Mr. Sikes was found to be up to date on car payments per news reports.
Mr. Sikes medical status immediately after the incident is revealing when medically analyzed. Sikes has positive medical history cardiac condition with cardiac 5 way bypass surgery. History of hypertension with daily med therapy. Etc. An EMT on scene immmediately post incident took BP and evaluated patient. Ambulance was dispatched to scene due chest pressure + positive findings + medical professional triage evaluation of patient. Ambulance request appropriate. Medical condition/patient symptoms/findings are documented by CHP & EMT/Paramedics. All of these findings reveal that person was probably not attempting a hoax.
As for his claimed dicey history. I would not like this type of individual.
This incident has become a great opportunity/defense for Toyota though. His background has helped them. This event was good for Toyota. They can attack him, and image will not be affected as much. I am waiting for results from NTSA, but that will be limited also. Laws exist where NHTSA is limited in what they can release.
Some facts: To engage Neutral on the Prius while moving forward in drive, you nudge the shifter to the left and hold it there for a second or two. You don't need to "push it in."
About pushbutton start/stop buttons in 2 other cars. I tried both a 2011 Kia Sorento and a 2010 Nissan Murano. The Sorento's pushbutton works just like that in the Genesis: while moving forward in "drive," to shut down the engine you either push the button for about one second OR give the button 3 deliberate stabs. This is an intuitive solution.
In the Murano, you can hit the button for one second also to shut the engine down. However, no matter how many times you stab the button, the engine won't shut down unless you also step on the brake pedal -- only THEN does the engine turn off. Seems we could use some standardization of pushbutton start/stop buttons.
Last, I can't believe someone would pay for "platinum" service by the dealer lackeys and NEVER look under the hood of their own car(s). While I've never rebuilt an engine or changed out a transmission, I've made it a habit to look under the hood weekly to check oil and other fluid levels, check out the condition of the drive belts and radiator hoses, plus look at the battery and other areas for corrosion or leaks. And I check tire pressure weekly also (daily on long trips).
All auto manufacturers will claim publicly they have no problem for legal protection. It's up to the public to accept or realize what an auto manufacturer's public released claims really are and why these claims are made. Do all the discovered pieces of the puzzle support their public claims? Must evaluate what precise words Toyota actually uses in their released claims. Legally Toyota stays protected, but intentional main points are made with pyschological purpose & effect upon the minds of the public.
This time it is Toyota that is in hot seat. The CHP accident in San Diego was the most influential incident leading to where we are now. Toyota does have the highest incident recently. Other manufacturers have issues too but are less. This is Toyota auto Toyota's handling of the crisis initially was not good. Many detrimental discoveries and problems brought forward. An engineer can never say electronics absolutely have no problems. Toyota claims their electronics have no problem. NHTSA and Toyota with holding of confidential information clauses per NHTSA law were brought out. Toyota has been found to be being quite secretive. So are other Japanese auto manufacturers. Dribble, dribble, dribble - and here we are.
Hope the public and news pressure can result in some good. Safety agencies are trying to help keep the checks and balances in place. Many bloggers do not like the safety agencies, but they are really the ones who are trying to try to help us. If it weren't for consumer safety agencies WE, the consumers would not be represented at the national government level.
Auto manufacturers - corporation do look and review/analyze/act/resolve from a corporate perspective. 56 human deaths are evaluated differently. Behind the scenes action/decisions/approaches would be viewed outrageous by many if real facts publicly revealed/discovered. My analysis is just from an insiders knowledge of the law and what/how corporaions approach problems. Toyota hiring Exponent is also revealing. Exponent has their own questionable ethical issues. Quite good, but, but, but. And I knew of them long before Toyota started having problems.
Let's hope we see some good changes come out of this. Will we ever hear about the engineering findings/how Toyota will correct? No. Legally they can not admit fault.
I sure don't have any of this information when Sikes leased Prius.
Do you know what court his bankruptcy was filed at? Today some/many courts have cases available online. Case could be sealed though, and not available. Some do not have on line. My county does not.
The CHP accident in San Diego was the most influential incident leading to where we are now.
That one was caused by gross negligence on the part of the dealer. This was a loaner car with a rubber floor mat from the wrong Lexus model that was placed unsecured over the factory mat.
I also have couple articles bookmarked regarding State Farm reporting to/allerting NHTSA that they were conserned about Toyota accidents increased. Too lazy today to go back to find, but can if you want.
Sikes was not behind on his car payments as was reported initially.
Probably one of the faithful trying to help Toyota in the Sikes smear campaign. When someone posted he was behind 5 payments on his lease, I had no reason to question. You hope people post honestly. Not always the case. It would lend more credibility to his perpetrating a hoax if he owed a lot of back payments.
That leaves little hope that Toyota gets out of that one if it goes to court. Too much evidence that Sike's Prius was stuck at WOT. Even the so called ECM readout vouches for WOT the whole time.
Maybe if one of the Faithful will take their Prius out on the Freeway and hold the throttle wide open and see if they can pump the brakes 250 and still get over 90 MPH for a good part of that distance. Remember according to Toyota the throttle was WO the whole time.
Bingo, he was standing on the throttle pedal, and left foot braking.
The fed report said the brake wear was consistent with light application of the brakes.
Don't ask for that link yet again because it's been shared more than once and if you're too lazy to read it the first two times you can't possibly contribute to this thread.
Among the list of creditors holding secured claims is none other than Toyota Financial Services for a lease on a 2008 Toyota Prius with 7,200 miles on the odometer. Total value of the lease at the time of bankruptcy was $20,494.
If it's too big I'll re-host it on CarSpace. Edit: size is OK.
Link to article the Haterade club skipped last time and will probably skip again now:
Bingo, he was standing on the throttle pedal, and left foot braking.
Just another theory that I am not going to buy. That does not explain why the throttle did not get shut down when the brakes are lightly applied. That is what Toyota says should happen in a Prius. So whether he had his right foot jamming the throttle to the floor or not the throttle should shut down when the brakes are LIGHTLY applied. Regen braking starts before the pads ever hit the rotors and drums. We know he depressed the brakes enough to burn the pads down to the metal.
I know many here would love to convict the guy because he seems sleazy. I just cannot go along with a lynch mob.
OK, so if Sikes was not behind on payments, as he claimed, then how did Toyota Financial Services already have a Secured Claim against him?
The guy was in bankruptcy and Toyota was one of the people who owed money to. Why return the car when you can perpetrate a hoax and cash in?
It wasn't well thought out, though. His car's brakes have the throttle override, when you press on the brakes hard. (if you question this read back and again, look at the sources provided, read those links).
The 911 operator told him to put it in Nuetral 3 times! Listen to the tapes.
He answered No, he did not even try to put the car in Nuetral.
Of course not, he had his foot planted on the throttle, lightly tapped the brakes to wear them down (see WSJ article for analysis of the brake pad wear).
He had the motive (Toyota Financial Services had a claim against him) and the opportunity, and the gullible media eager for headlines.
From your link. It was some anonymous tipster. No evidence that he was behind just a faithful Toyota follower. Well either Sike's attorney or the tipster is lying.
James Sikes, the San Diego runaway Toyota Prius driver, filed for bankruptcy in 2008 and now has over $700,000 in debt. According to one anonymous tipster, we're also told he hasn't been making payments on his Prius. UPDATE!
We received an email earlier today from an anonymous tipster who claims James (Jim) Sikes, the driver of the runaway Toyota Prius, was in financial trouble and even behind by five months on his payments for the Prius. If that's true, it's potential motivation for wanting to find an out — any out — on paying for the vehicle.
When you go through bankruptcy you are allowed to keep certain items like a car. You have to list everyone you owe money to. Then the judge determines who gets paid and who does not. You still have to make the payments on things you keep. Even though many of your creditors get the shaft or their collateral back.
Clearly though he was at odds with Toyota Financial Services.
How do you figure? Having your name on a bankruptcy only means you are one of the creditors. He did have a run in with the dealer. He took his recall letter into the dealer and they said his was not one of the recalled Prius.
If he was behind in his payments they would have already repossessed the car. I cannot imagine any lender letting you go 5 months without paying a payment. It was just another false tip to try and discredit the victim of UA.
That dealership will definitely be legally affected if family's lawyer is really good. Wrong floor mat, and records obtained by police show prior renter had complained of SUA/UA when they returned auto. No action was probably taken. How Toyota is brought in, not for sure legally how?
Many lawyers are very good, but it's the "scum" of their profession that cause/create image problem. I apologize for using the term scum. I do know you sure need to evaluate if they have more interested in supporting their firm or if they are actually protecting you and your estate's money.
I remember reading stuff before about people being able to reaffirm debts, so maybe he got the judge to let him bring the lease payments current so he could keep the car. Like Sharon (I think) said, he'd need a car to get to work.
Then if 2008 bankruptcy filing revealed he was behind. Auto may have been claimed in bankruptcy court as an exemption. My guess would be any other autos would have to be given up. They may have gotten a homestead exemption for their main residence. But certain rules do exist/allowed/seized for any accumulated equity.
So then it seems since bankruptcy he has been paying regular payments. Attorney claimed he was up to date, and was not behind.
I cannot imagine any lender letting you go 5 months without paying a payment.
I'm a lender. I send the dogs out after you after you are 30 days late. The only way he could have been 5 months delinquent is if he had successfully hid the car for that long, and hid himself as well. HOWEVER: If he was currently in the process of a bankruptcy that was taking several months, that would stay TFS from picking up the car until the bankruptcy was discharged, so there may be a way this was true, but unlikely, IMO.
We know he did not have the car hid as he was in for service and the recall just a couple weeks before he experienced UA with his Prius. If he was behind I would imagine the dealer that leased it to him would have known and not given the car back.
Yes, this does show Prius is listed as a debt. Since auto was leased and Sikes kept Prius below is a bankruptcy approach that may have happened. Auto was leased. Leasing is a different than an auto loan. Legal rules for autos in bankruptcy are quite strict. Chart does not indicate he was actually behind in payments. The actual court records would have the information whether he was behind on car payments.
1. Reaffirm: A reaffirmation agreement is a contract between you and the car creditor in which you agree to pay the balance owed on your car note, despite the bankruptcy filing.
You continue to make payments and the creditor promises that, as long as payments are made, they will not repossess or take back the property.
Reaffirmed debts are not discharged and the debt survives the bankruptcy.
If you do not make your car payments after you reaffirm the car loan, the car lender can repossess the car and sue you for the deficiency balance.
After the finance company repossesses the car, they will sell the car at the auto auction. Usually the finance company does not get enough money from the auction to pay off your loan. This shortfall is called a "deficiency" and you would still be legally obligated to pay the creditor the deficiency balance.
As you can see, the decision to reaffirm your car loan is a serious financial matter.
Reaffirmation agreements are strictly voluntary. You are not required by the Bankruptcy Code or other state or federal law to reaffirm your car loan. Before entering into such an agreement, you will want to speak to a bankruptcy attorney to make sure that the reaffirmation is in your best interest
Here are the other options for autos in bankruptcy
2. Redeem: In Chapter 7, you have the right to purchase or redeem your car from the creditor by making a lump sum payment equal to the car's fair market value.
The U.S. Bankruptcy Code provides that you must pay the creditor the replacement retail cost of the car. The balance of the debt will be discharged.
For example, assume you own a car worth $5000.00, but owe the finance company $10,000.00. In this circumstance, you could redeem the vehicle by paying the creditor $5000.00 and the remaining balance will be discharged in your bankruptcy.
A local bankruptcy attorney can advise you on the benefits of redeeming your financed car and identifying lenders that will provide the funds for your vehicle redemption.
3. Surrender: If you cannot afford the monthly payments on your car loan or if you determine that you owe more than the car is worth, you can unload the car and the debt in your Chapter 7 bankruptcy by surrendering the vehicle to the creditor.
I think you will find a lot of erroneous information floating around about Sikes. It is part of the smear campaign. Lots of anonymous Tipsters spreading lies that will help Toyota discredit whomever they are afraid of. Whether it is Sikes, Gilbert, Kane, or your grandmother if she is so unfortunate as to experience a problem with her Toyota.
Another example is the Tipster rumor that Sikes owned a Corvette just because he was wearing a Corvette club jacket. He may have been cruising chicks in the Prius and did not want them to think it was his main ride. There are a lot of AutoBlogs that have no problem spreading lies if it fits their agenda.
(1)Sikes had leased auto for certain number of years.- there would be a value - please refer to my just posted bankruptcy rules regarding autos. Where did you get Toyota had claim against him presently??? Is this the 2008 bankruptcy?? This is two years later - that claim would have been resolved by now. Auto would have been seized if not. (2)Sikes would still be responsible for the auto - Refer to my recent post regarding legal rules regarding cars in bankruptcy. Leasing of auto was not a hoax. Sorry I didn't quite understand you saying the lease was a hoax. From what attorney stated in new reports Sikes does have auto payments on this auto. (3)911 operator telling Sikes to put car in neutral a. Seems Sikes cell phone was hand held & CHP report indicated he said he put down on seat, dropped etc.and then would pick up again. This does make sense when listening to tape, as many times there was no answer from Sikes. I don't know if true or not. Smile - know you don't either. Neither of us there. I am only referring to CHP report. Please refer CHP report b. Refusal to put in neutral. Refer CHP report.
(4)Braking - refer to CHP report. CHP officer mentions during event and what he saw after. (5)Where does this Toyota has claim against Sikes come from??? - Toyota Financial Services had no current claim against Sikes that I've seen. If you are referring to the bankruptcy filing - that would have already been resolved in bankruptcy court, and if not resolved he would not have the Prius. Prius would have been repossessed by Toyota Financial Services following bankruptcy if money not paid for the value of the car. That is why I sent the info on cars in bankruptcy. I am not sure which approach taken though. (6)Medical Status - I had posted Sikes medical status does indicate problems existed. I triaged for emergencies for years and was on Code Blue team. Per CHP report - patient symptoms/findings, medical history do not indicate false. EMT immediately post incident blood pressure quite high. Ambulance Paramedic/EMT dispatched. These findings indicate Sikes felt incident was real. Was it - I don't know.
This Corvette jacket seemed to start some questions. I have no idea if he ever owned one or not. Does he own a Corvette now?? I would think he problably would not since bankruptcy filed 2008.
He could have sort of dicey background. And he may be someone I would not like. I have no idea.
The medical finding/status did indicate Sikes felt he had something scarey happen. Lucky he didn't have heart atack or stroke. All per CHP report.
I had not investigated the links about the bankruptcy before. Interesting.
Comments
And here I figured it was a bunch of real car guys on Edmunds. I was wrong. Dang, it's not like a little dirt is going to hurt you. Do you ever pump your own gas?
I was surprised to hear that the nice Caddy has the battery under the back seat. That's so retro - my 1965 VW bug had the battery under the back seat too.
John
I suppose that would go for the people that did not pull their valve covers and discover Toyota sludge as well?
My guess is I rebuilt a quite a few engines and hundreds of transmissions before you were born. So if I choose to leave the greasy fingernails to someone that depends on the job for his living, it should be my prerogative. Being interested in cars is far more than looking under the hood for corroded battery terminals. Especially on a new vehicle that is supposed to be maintained by the dealer.
Let's see if they find any reason to suspect UA, but the eye witness said she didn't see any brake lights.
Let's just not get ahead of ourselves.
I see careless drivers talking on their cell phones 100x per day. Seems like every other car, wonder what the actual percentage is? UA cases represent a very tiny percentage.
Gary wondered how many unexplained crashes could have been cases of UA, but I'll ask the opposite - how many presumed UA cases were from driver inattention?
Even if only 20% of drivers are talking on the phone, that would be a factor in a heck of a lot of car crashes. I doubt they'd be telling the police they were on the phone, since it's illegal in most states and they would be issued a citation.
Reminds me of Jim Carey in Liar, Liar, when he gets pulled over by the cop and runs through an honest list of every single traffic law he broke. Hysterical movie.
Dr Gilbert's Peliminary Study Purpose -
(1)Toyota failsafe systems not detecing certain shorts, etc.
Your possible feelings?
(1)Wiring by Dr. Gilbert was "unrealistic condition"
Question
(1)Should the failsafe systems of Toyota vehicle detected this short?
I would sincerely appreciate your further analysis. Yes, some of your theories/brainstorm regarding realistic possilbe causes of SUA/UA.
I look forward to your post.
http://www.youtube.com/watch?v=Vz9PNHP43NY
Warning: NSFW! Language is not suitable for work.
Cop: Do you know why I pulled you over?
Carey: Depends on how long you were following me.
Cop: Why don't we just take it from the top.
Carey:
Here goes...
I sped
I ran a stop sign
I almost hit a chevy
I sped some more
I failed to yield at a cross walk
I changed lanes in the intersection
I changed lanes without signaling
While running a red light
and speeding!
etc.
If it were in a Toyota some people would still probably blame UA. :P
Plus the funny part is he's a lawyer.
My problems started when trying to shift to reverse much less to neutral at high speed. Good thing this car isn't noted for SUA/UA.
Sorry for the off topic post.
Please note CHP actually encouraged Mr.Sikes to go to CHP office to do news interviews. CHP reports states he didn't want to do. Wanted to go home. Sikes did not want to talk to press - per report. Refused to exit ambulance until press were gone.
I have no idea what the details are regarding the possible bankruptcy filing. He may have already had the vehicle. Court may have allowed him to keep this vehicle as would be used to work.
Mr. Sikes was found to be up to date on car payments per news reports.
Mr. Sikes medical status immediately after the incident is revealing when medically analyzed. Sikes has positive medical history cardiac condition with cardiac 5 way bypass surgery. History of hypertension with daily med therapy. Etc. An EMT on scene immmediately post incident took BP and evaluated patient. Ambulance was dispatched to scene due chest pressure + positive findings + medical professional triage evaluation of patient. Ambulance request appropriate. Medical condition/patient symptoms/findings are documented by CHP & EMT/Paramedics. All of these findings reveal that person was probably not attempting a hoax.
As for his claimed dicey history. I would not like this type of individual.
This incident has become a great opportunity/defense for Toyota though. His background has helped them. This event was good for Toyota. They can attack him, and image will not be affected as much. I am waiting for results from NTSA, but that will be limited also. Laws exist where NHTSA is limited in what they can release.
Will we ever find out??? I am not sure.
http://a.abcnews.go.com/images/Blotter/ht_chp_toyota_100317.pdf
When did he lease his Prius? 2008 models come out in 2007, so it could have been before his bankruptcy.
Kind of inconvenient for jumping the car there, isn't it? Or do they put a jump post under the hood?
About pushbutton start/stop buttons in 2 other cars. I tried both a 2011 Kia Sorento and a 2010 Nissan Murano. The Sorento's pushbutton works just like that in the Genesis: while moving forward in "drive," to shut down the engine you either push the button for about one second OR give the button 3 deliberate stabs. This is an intuitive solution.
In the Murano, you can hit the button for one second also to shut the engine down. However, no matter how many times you stab the button, the engine won't shut down unless you also step on the brake pedal -- only THEN does the engine turn off. Seems we could use some standardization of pushbutton start/stop buttons.
Last, I can't believe someone would pay for "platinum" service by the dealer lackeys and NEVER look under the hood of their own car(s). While I've never rebuilt an engine or changed out a transmission, I've made it a habit to look under the hood weekly to check oil and other fluid levels, check out the condition of the drive belts and radiator hoses, plus look at the battery and other areas for corrosion or leaks. And I check tire pressure weekly also (daily on long trips).
This time it is Toyota that is in hot seat. The CHP accident in San Diego was the most influential incident leading to where we are now. Toyota does have the highest incident recently. Other manufacturers have issues too but are less. This is Toyota auto Toyota's handling of the crisis initially was not good. Many detrimental discoveries and problems brought forward. An engineer can never say electronics absolutely have no problems. Toyota claims their electronics have no problem. NHTSA and Toyota with holding of confidential information clauses per NHTSA law were brought out. Toyota has been found to be being quite secretive. So are other Japanese auto manufacturers. Dribble, dribble, dribble - and here we are.
Hope the public and news pressure can result in some good. Safety agencies are trying to help keep the checks and balances in place. Many bloggers do not like the safety agencies, but they are really the ones who are trying to try to help us. If it weren't for consumer safety agencies WE, the consumers would not be represented at the national government level.
Auto manufacturers - corporation do look and review/analyze/act/resolve from a corporate perspective. 56 human deaths are evaluated differently. Behind the scenes action/decisions/approaches would be viewed outrageous by many if real facts publicly revealed/discovered. My analysis is just from an insiders knowledge of the law and what/how corporaions approach problems. Toyota hiring Exponent is also revealing. Exponent has their own questionable ethical issues. Quite good, but, but, but. And I knew of them long before Toyota started having problems.
Let's hope we see some good changes come out of this. Will we ever hear about the engineering findings/how Toyota will correct? No. Legally they can not admit fault.
Do you know what court his bankruptcy was filed at? Today some/many courts have cases available online. Case could be sealed though, and not available. Some do not have on line. My county does not.
That one was caused by gross negligence on the part of the dealer. This was a loaner car with a rubber floor mat from the wrong Lexus model that was placed unsecured over the factory mat.
2013 LX 570 2016 LS 460
Did go back and found article where Toyota was fined by court 2005 for with holding information. Decision was upheld at appeal level also.
http://wheels.blogs.nytimes.com/2009/09/01/court-fined-toyota-for-nondisclosure-- in-2005/
Toyota is in legal attack mode now, so am not sure how much more news coverage we shall see.
Is there some other info out there, that I am not aware of??? Smile - always looking info I may have missed.
Probably one of the faithful trying to help Toyota in the Sikes smear campaign. When someone posted he was behind 5 payments on his lease, I had no reason to question. You hope people post honestly. Not always the case. It would lend more credibility to his perpetrating a hoax if he owed a lot of back payments.
That leaves little hope that Toyota gets out of that one if it goes to court. Too much evidence that Sike's Prius was stuck at WOT. Even the so called ECM readout vouches for WOT the whole time.
Maybe if one of the Faithful will take their Prius out on the Freeway and hold the throttle wide open and see if they can pump the brakes 250 and still get over 90 MPH for a good part of that distance. Remember according to Toyota the throttle was WO the whole time.
They should sue the Lexus dealership owner, or the grease monkey who put a rubber mat from the wrong car in that Lexus.
That's not Toyota's fault. Their instructions say not to stack the mats. And it was the wrong model!
They just have the deepest pockets and lawyers will chase the money, not the blame.
Noone made that up.
That was in the Jalopnik blog entry.
Jalopnik shared scanned images of the claims against Sikes for his bankruptcy case - his Prius was listed in that document.
I wonder if a lot of people read actually read the links we share. I'll go find the document again.
I'm not convinced this incident was real yet.
http://jalopnik.com/5496864/new-york-prius-a-hybrid-hoax-too
driver was not applying the brakes. Another hybrid hoax? Probably.
The fed report said the brake wear was consistent with light application of the brakes.
Don't ask for that link yet again because it's been shared more than once and if you're too lazy to read it the first two times you can't possibly contribute to this thread.
WSJ was the source if anyone wants to Google it.
If it's too big I'll re-host it on CarSpace. Edit: size is OK.
Link to article the Haterade club skipped last time and will probably skip again now:
http://jalopnik.com/5491101/did-bankrupt-runaway-prius-driver-fake-unintended-ac- - celeration%22%20target=_blank%3Ehttp://jalopnik.com/5491101/did-bankrupt-runaway- - -prius-driver-fake-unintended-ac-%20celeration
Just another theory that I am not going to buy. That does not explain why the throttle did not get shut down when the brakes are lightly applied. That is what Toyota says should happen in a Prius. So whether he had his right foot jamming the throttle to the floor or not the throttle should shut down when the brakes are LIGHTLY applied. Regen braking starts before the pads ever hit the rotors and drums. We know he depressed the brakes enough to burn the pads down to the metal.
I know many here would love to convict the guy because he seems sleazy. I just cannot go along with a lynch mob.
The guy was in bankruptcy and Toyota was one of the people who owed money to. Why return the car when you can perpetrate a hoax and cash in?
It wasn't well thought out, though. His car's brakes have the throttle override, when you press on the brakes hard. (if you question this read back and again, look at the sources provided, read those links).
The 911 operator told him to put it in Nuetral 3 times! Listen to the tapes.
He answered No, he did not even try to put the car in Nuetral.
Of course not, he had his foot planted on the throttle, lightly tapped the brakes to wear them down (see WSJ article for analysis of the brake pad wear).
He had the motive (Toyota Financial Services had a claim against him) and the opportunity, and the gullible media eager for headlines.
James Sikes, the San Diego runaway Toyota Prius driver, filed for bankruptcy in 2008 and now has over $700,000 in debt. According to one anonymous tipster, we're also told he hasn't been making payments on his Prius. UPDATE!
We received an email earlier today from an anonymous tipster who claims James (Jim) Sikes, the driver of the runaway Toyota Prius, was in financial trouble and even behind by five months on his payments for the Prius. If that's true, it's potential motivation for wanting to find an out — any out — on paying for the vehicle.
From what I read you have to apply heavy pressure to the brakes for the throttle disable to engage.
NHTSA tested this, on his Prius no less. They said it was working as designed.
There is no controversy about that.
Toyota Financial Services already had a legal document with a claim against him. So obviously he was behind in payments.
Look at the document above, you may have missed it while you were writing your post.
The lynch mob is not attacking Sikes, they're attacking Toyota.
The original story about the UA probably got a lot more hits than this follow-up story.
I wonder if that means the date he first got the lease, or when their claim was placed, or what?
Clearly though he was at odds with Toyota Financial Services.
Any Edmunds members familiar with bankruptcy law?
How do you figure? Having your name on a bankruptcy only means you are one of the creditors. He did have a run in with the dealer. He took his recall letter into the dealer and they said his was not one of the recalled Prius.
If he was behind in his payments they would have already repossessed the car. I cannot imagine any lender letting you go 5 months without paying a payment. It was just another false tip to try and discredit the victim of UA.
Many lawyers are very good, but it's the "scum" of their profession that cause/create image problem. I apologize for using the term scum. I do know you sure need to evaluate if they have more interested in supporting their firm or if they are actually protecting you and your estate's money.
Sorry, but I had to laugh out loud when I read that. I guess it depends on who you want to lynch, huh?
2013 LX 570 2016 LS 460
So then it seems since bankruptcy he has been paying regular payments. Attorney claimed he was up to date, and was not behind.
I'm a lender. I send the dogs out after you after you are 30 days late. The only way he could have been 5 months delinquent is if he had successfully hid the car for that long, and hid himself as well. HOWEVER: If he was currently in the process of a bankruptcy that was taking several months, that would stay TFS from picking up the car until the bankruptcy was discharged, so there may be a way this was true, but unlikely, IMO.
1. Reaffirm: A reaffirmation agreement is a contract between you and the car creditor in which you agree to pay the balance owed on your car note, despite the bankruptcy filing.
You continue to make payments and the creditor promises that, as long as payments are made, they will not repossess or take back the property.
Reaffirmed debts are not discharged and the debt survives the bankruptcy.
If you do not make your car payments after you reaffirm the car loan, the car lender can repossess the car and sue you for the deficiency balance.
After the finance company repossesses the car, they will sell the car at the auto auction. Usually the finance company does not get enough money from the auction to pay off your loan. This shortfall is called a "deficiency" and you would still be legally obligated to pay the creditor the deficiency balance.
As you can see, the decision to reaffirm your car loan is a serious financial matter.
Reaffirmation agreements are strictly voluntary. You are not required by the Bankruptcy Code or other state or federal law to reaffirm your car loan. Before entering into such an agreement, you will want to speak to a bankruptcy attorney to make sure that the reaffirmation is in your best interest
2. Redeem: In Chapter 7, you have the right to purchase or redeem your car from the creditor by making a lump sum payment equal to the car's fair market value.
The U.S. Bankruptcy Code provides that you must pay the creditor the replacement retail cost of the car. The balance of the debt will be discharged.
For example, assume you own a car worth $5000.00, but owe the finance company $10,000.00. In this circumstance, you could redeem the vehicle by paying the creditor $5000.00 and the remaining balance will be discharged in your bankruptcy.
A local bankruptcy attorney can advise you on the benefits of redeeming your financed car and identifying lenders that will provide the funds for your vehicle redemption.
3. Surrender: If you cannot afford the monthly payments on your car loan or if you determine that you owe more than the car is worth, you can unload the car and the debt in your Chapter 7 bankruptcy by surrendering the vehicle to the creditor.
Another example is the Tipster rumor that Sikes owned a Corvette just because he was wearing a Corvette club jacket. He may have been cruising chicks in the Prius and did not want them to think it was his main ride. There are a lot of AutoBlogs that have no problem spreading lies if it fits their agenda.
(2)Sikes would still be responsible for the auto - Refer to my recent post regarding legal rules regarding cars in bankruptcy. Leasing of auto was not a hoax. Sorry I didn't quite understand you saying the lease was a hoax. From what attorney stated in new reports Sikes does have auto payments on this auto.
(3)911 operator telling Sikes to put car in neutral
a. Seems Sikes cell phone was hand held & CHP report indicated he said he put down on seat, dropped etc.and then would pick up again. This does make sense when listening to tape, as many times there was no answer from Sikes. I don't know if true or not. Smile - know you don't either. Neither of us there. I am only referring to CHP report. Please refer CHP report
b. Refusal to put in neutral. Refer CHP report.
(4)Braking - refer to CHP report. CHP officer mentions during event and what he saw after.
(5)Where does this Toyota has claim against Sikes come from??? - Toyota Financial Services had no current claim against Sikes that I've seen. If you are referring to the bankruptcy filing - that would have already been resolved in bankruptcy court, and if not resolved he would not have the Prius. Prius would have been repossessed by Toyota Financial Services following bankruptcy if money not paid for the value of the car. That is why I sent the info on cars in bankruptcy. I am not sure which approach taken though.
(6)Medical Status - I had posted Sikes medical status does indicate problems existed. I triaged for emergencies for years and was on Code Blue team. Per CHP report - patient symptoms/findings, medical history do not indicate false. EMT immediately post incident blood pressure quite high. Ambulance Paramedic/EMT dispatched. These findings indicate Sikes felt incident was real. Was it - I don't know.
http://a.abcnews.go.com/images/Blotter/ht_chp_toyota_100317.pdf
He could have sort of dicey background. And he may be someone I would not like. I have no idea.
The medical finding/status did indicate Sikes felt he had something scarey happen. Lucky he didn't have heart atack or stroke. All per CHP report.
I had not investigated the links about the bankruptcy before. Interesting.
Do blogs really have plants on sites???