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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87171
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hi I would like to write a complaint letter to Toyota in regard

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Hi I would like to write a complaint letter to Toyota in regard to an accident I had in my 2009 Corolla. How should I word the complaint to get attention? Thanks
Submitted: 4 years ago.
Category: Legal
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



May I ask what you hope to accomplish with this letter, or are you just doing your duty to ensure that they are aware of the incident?



Customer: replied 4 years ago.
Hi, I would like some type of compensation. I would like to be restored to before accident. I now have a car that is not as valuable and is not safe. I bought a Toyota because of the good reputation it had previous to all this recall. My car has over $8000 damage and I damaged another vehicle. I have small children that I at times have in my car. I am afraid to have them with me now.
Expert:  Ely replied 4 years ago.
Writing a letter is not the way to go. You need to threaten litigation, or actually sue. Let me explain.
Lawsuits are made up of causes of action, in other words, to file suit, you need a cause of action (at least one).



You can file multiple causes of action together. All causes of action have different elements you have to satisfy. For example, “negligence” is proven if there is (1) a duty owned to Plaintiff and (2) the Defendant breached that duty.



It takes too long to explain all elements of each cause of action, but from my knowledge, you have a lawsuit for the following causes of action: negligence and breach of warranty.

Some elements of the causes of action different by state due to different evolution of local law, but they are generally nearly identical.



If the hearing is by Judge (“bench trial”), the Judge decides. If the hearing is by Jury (“jury trial”), a majority of the Jury has to decide towards one way. Although a lawsuit is automatically set up to be heard as a bench trial, either party can request a jury trial. Defendants usually prefer a jury trial since it’s harder to convince a few minds, rather than one.



In the end, the Judge or Jury that decides whether or not the elements for each of the causes of action were satisfied, and if so, what damages are needed to rectify the situation. Note that if you win, you may also get your legal fees and attorney fees tagged unto the award.



Know, however, that 85% of such cases are resolved with a stern demand letter from your attorney and perhaps a draft petition included with it. That usually scared them to make a deal to avoid litigation. When you hire an attorney, make sure to hire them on a contingency basis, i.e. they don't get paid unless you do (usually about 33%, or 40% if reward is from trial). I can help you find an attorney in your area who specializes in these kinds of matters if you'd like.



Best of luck in your matter! I'm here if you need any more clarification or follow up info. I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to be paid for my work. Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”



















Customer: replied 4 years ago.
Eli,
Thank you for your response. Yes, I would like for you to recommend an attorney in my area that does this type of work. I would prefer the Greenwood or Franklin area. You have been very helpful. Thank you,

Bonnie
Expert:  Ely replied 4 years ago.
Bonnie,You're welcome. I'd like to refer you to the Indiana Bar's Referral program. The program is free. The attorneys are vetted, qualified, and affordable. If memory serves me right, you also get a free consultation once you are matched up with an attorney from the category that you need (or at least the consultation is very cheap - I know this for a fact). The link to the Bar's referral service is below.http://www.indybar.org/Public-Need-Lawyer.aspx

Best of luck in your matter. I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the ORANGE ACCEPT button for my answer. This is the only way for me to get credit for my work. Understand that when you put in your payment info, you still have not paid until you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”
















Edited by Eli on 2/17/2010 at 2:21 PM EST
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87171
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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