NHTSA Complaint #10311238 — 2008 TOYOTA AVALON

I HAVE A 2008 TOYOTA AVALON THAT I HAD ONLY 4 MONTHS PRIOR TO THE ACCIDENT. THE CAR APPEARED TO BE IN EXCELLENT CONDITION UNTIL MY HUSBAND TOOK IT TO THE DELTA SONIC CARWASH TO HAVE IT CLEAN. AS HE WAS COMING OUT OF THE CAR WASH, HE SHIFT FROM NEUTRAL TO DRIVE AND THE ACCELERATOR FAILED , STICKING IN FULL THROTTLE,CAUSING HIM TO LOSE CONTROL OF THE VEHICLE. TO AVOID COLLISION WITH OTHER VEHICLES COMING OUT OF THE GAS STATION, WHICH IS PART OF THE BUSINESS, AND HITTING PEDESTRIANS AND THE GAS PUMPS, HE STEERED THE CAR HITTING A POLE, GOING OVER EMBANKMENT, THE SIDEWALK AND INTO ONGOING TRAFFIC IN THE OPPOSITE DIRECTION. THE CAR CAME TO A STOP TWO BUSINESS DOWN FROM WHERE THE ACCIDENT ORIGINATED. DAMAGES WAS DONE TO ALL 4 TIRESWITH BENT RIMS, THE FRONT RIGHT AND LEFT BUMPER AND GRILLE, THE HOOD, THE LAMP GROUND WITH THE HEAD LIGHT KNOCKED OUT. THE DRIVER'S SIDE MIRROR WAS HANGING DOWN. THE EXHAUST SYSTEM (MUFFLER, TAILPIPES) WERE DAMAGED. THE REAR FENDER AND BUMPER WAS DAMAGED. THE BATTERY, OIL PAN, REAR ENGINE CRADLE CUSHION PIPES WERE REPLACED. AT THE TIME, WE THOUGHT IT WAS SOMETHING THAT HE DID, BUT WE NOW SINCE HAVE FOUND THAT TOYOTA HAS HAD A PROBLEM WITH THE ACCELERATOR PEDAL STICKING IN FULL THROTTLE AND HAVE ASKED FOR A RECALL. THE TOTAL DAMAGE WAS TO A SUM OF $12,226.39. THE INSURANCE AND REPAIR COMPANY HAVE FIXED THE CAR AT OUR EXPENSE AND THE OLD OR REPLACEMENT PARTS ARE NO LONGER AVAILABLE TO MY KNOWLEDGE. I HAVE ONLY PHOTOS OF THE CAR IN THE DAMAGED STATE. I DID GO TO THE TOYOTA DEALERSHIP THAT I PURCHASED THE CAR FROM AND THEY PLAN TO START REPAIRS FEB. 15. 2010. MY CONCERNS IS HOW DO I GET TOYOTA TO HONOR MY REQUEST FOR A CAR REPLACEMENT BECAUSE MY CAR HAS BEEN DEVALUED BECAUSE OF THE ACCIDENT AND IS NOW PART OF THE CAR FAX REPORT. I RUN THE RISK OF HAVING OTHER PROBLEMS. IF NOT REPLACE THE CAR, PROVIDE ME WITH FREE MAINTENANCE FOR THE LIFE OF THE CAR AND REPAY ME FOR OUT OF POCKET EXPENSES DUE TO THE FAILED ACCELERATOR. *TR