Fuel Pump Failure

[eaglerox]

I bought a 2009 Yaris and now it has about 80,000 miles on it.

Last year I had about several gallons in my tank based on the dashboard and my car runs out of fuel and I have to call Toyota towing service to put some fuel in my car and then it starts to run just fine. Didn't consider calling Toyota to take a look at the dashboard to see if its reporting the right fuel levels.

A year later, I'm driving to Vegas and I get 3 bars on my dashboard but my car suddenly stops again! Refueled and it started to work again. Now I'm curious as to why the dashboard fuel indicator is not showing the correct levels. However, I didnt bring it in to service, thinking they'd probably charge me just to diagnose it and that I probably bought some bad fuel or that it was the road conditions?.

Finally, today I'm on the highway the car just breaks down and won't start. I finally get it towed into the dealership and I get charged an $800 bill for a new fuel pump and sending unit.

I am killing myself right now because I just passed the warranty limit on my mileage.

My question is, whoose fault is it originally that the car would report 2 bars but run out out fuel? Do I have a chance to sue Toyota for selling me bad parts that ultimately failed me later which I had to pay for?