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Woman Wants Dealer To Allow Her To Return Car

Toyota Recall Prompts Concern For New Car Buyer

POSTED: 9:07 pm MST January 30, 2010
UPDATED: 12:22 pm MST February 1, 2010

A Parker woman says she's angry that Toyota dealerships are not allowing customers to return new Toyotas with defective accelerators.

Cary Aplin bought her 2010 Toyota Camry on Jan. 9, weeks before the vehicles were recalled because of an accelerator that can become stuck.

A little over a week later, Aplin said she was merging onto Interstate 25 when her accelerator jammed.

"It was terrifying," said Aplin. "Terrifying."

She tried hitting the brakes, but that didn't stop the car. Aplin popped the gear into neutral and kept pumping the brakes. Eventually the accelerator let up and Aplin avoided a crash.

One week later, Toyota announced it was recalling millions of vehicles and Aplin decided to make an appointment with Go Toyota in Centennial, where she bought the car, in hopes that the dealer would allow her to return the Camry and take back her trade-in.

"I don't want a car that's going to kill me, and that's how I felt when I was driving down the road," she said.

But managers at Go Toyota refused to take the car back.

"Their answer was, ‘We can't help you,’" said Aplin.

Tim Jackson, president of the Colorado Automobile Dealers Association, tells 7News it can be problematic for car dealers to accept vehicles beyond their normal return policy. In Aplin’s case, the car is now considered used and the dealer stands to lose $3,000-$5,000. It’s also possible the vehicle she traded-in has already been sold, so she couldn’t get it back.

7NEWS looked into whether Aplin’s problem falls within the state’s Lemon Law and found it does not. The law only applies if a brand new car is out of service for 30 days or has to be repaired for the same problem four times in one year.

A manager at the Go Toyota where Aplin bought her car, told 7NEWS he was not familiar with her story and would not be able to comment directly.

Go Toyota gave Aplin a loaner car and has offered to repair the accelerator problem once Toyota figures out what is wrong with the defective pedals and provides a fix. But Aplin, who is still making payments on a brand-new car that she is not driving, says that is simply not good enough.

"I don't feel confident at all that they know what it is and that they can fix it. But I'm the guinea pig? That just doesn't seem right," she said.

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