NU Online News Service, Jan. 5, 2:45 p.m. EST
In separate but identical filings, seven insurance companies are suing Toyota Motor Corp. to recoup claims paid as a result of accidents related to unintended acceleration problems that led to recalls of some of Toyota's vehicles.
The lawsuits filed in Los Angeles County Superior Court allege Toyota defects were the cause of the accidents, and the auto manufacturer "knew or should have known that the subject Toyota vehicles were defectively designed and inherently dangerous, and have the propensity to suddenly accelerate and cause loss of control."
The insurance companies--Fireman's Fund and its subsidiary National Surety Corp., Ameriprise Financial Group's Ameriprise Insurance and IDS Property Casualty Insurance, Allianz's American Automobile Insurance Co., Motorists Mutual, and American Hardware Mutual--seek a minimum of $230,000.
In the suit filed by Fireman's Fund, the company said it has made payments in excess of $18,000 "for which [Toyota is] legally liable."
The insurer said it had no further comment.
The lawsuits allege Toyota failed to warn drivers of the defects and fraudulently concealed them. Toyota "made partial disclosures about the safety and quality of the vehicles while not revealing their true defective nature," according to the suit.
In an e-mail, Toyota said lawsuits like these are common but the "allegation that a vehicle-based defect is the cause of unintended acceleration in this or any other complaint is completely unfounded and has no basis."
The lawsuits filed Dec. 30 resemble the one filed by Allstate in October. Allstate said it has paid more than $3 million in claims allegedly related to defects in Toyota vehicles.
All the lawsuits cite data from Safety Research and Strategies that shows the sudden acceleration defect in Toyota vehicles is to blame for at least 725 accidents, 304 injuries and 18 deaths.
State Farm is continuing dialogue with Toyota about getting reimbursement for claims the insurer paid, but the company has stopped short of filing a lawsuit. State Farm in 2004 sent a letter to the National Highway Traffic Safety Administration, pointing out a trend in sudden acceleration in Toyota vehicles.
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