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What can you do if your vehicle is recalled?
By Justin Hill
Over the past several years especially, we have seen a rash of auto
recalls as manufacturers try to make their vehicles safer and safety
officials try to make sure vehicle manufacturers are not flooding the
roads with unsafe vehicles.
A recall can affect a few dozen
vehicles or it can affect hundreds of thousands or even millions. The
massive ongoing recall based on potentially deadly Takata airbags, for
example, now covers more than 70 million vehicles in the United States
and more than 100 million worldwide. Not all recalls are that expansive,
of course; many involve relatively minor problems, although when they
affect your car as you’re driving on the highway at 75 mph, most can be
downright deadly. You should know you have legal rights if your vehicle
is recalled and knowing those legal rights and the remedies available to
you when your car is recalled can help you in the long run.
How Safety Problems Are Discovered
From the perspective of car buyers, safety is a major issue. You can
tell because car commercials often highlight important safety features
and those will be reinforced on the dealer’s sales floor. Carmakers are
always making cars safer as a part of their bid to make them more
desirable to consumers and to improve brand loyalty. Putting out a car
that is considered unsafe can represent a major hit to a carmaker’s
reputation. That is why all car manufacturers routinely test their
vehicles to make sure they are safe.
In addition to the manufacturers, the federal government has
regulators, such as the National Highway Traffic Safety Administration,
or NHTSA, that routinely evaluate and test cars for safety. Then there
is the media. Once a car gets to market, the press widely reports on
safety problems as they crop up. All of these factors serve to make
manufacturers aware of a brewing safety problem with certain
vehicles.
Not taking action in a timely manner can cost carmakers a lot. If a
consumer is injured in an accident that can be traced to a car or
equipment defect, he or she can sue the manufacturer for compensation.
If federal or state regulators investigate potential problems, they can
impose large fines and settlements. All of this serves to encourage car
manufacturers to make safer, more reliable vehicles.
The Vehicle Recall Process
Once a defect in a vehicle is discovered, the recall process begins.
In many cases, the manufacturer will discover a defect and initiate a
recall on its own. In other cases, a consumer will discover a problem
with his or her vehicle and file a complaint with a dealership, the
manufacturer, or government regulators. If any of them decides a defect
creates serious enough safety concerns, a recall may be deemed
necessary.
In most cases, carmakers will order a voluntary recall for a defective
vehicle, for the reasons noted previously; ordering a recall voluntarily
makes them look more proactive than if the government has to force the
issue. Often, the NHTSA will begin the recall process by requesting a
voluntary recall from a manufacturer, although they reserve the power to
order a recall if the manufacturer doesn’t respond.
What the Manufacturer Must Do in a Recall
When there is a recall on a vehicle, all consumers who purchased that
vehicle should receive a recall notice. Manufacturers are required to
notify all registered owners and purchasers of the affected vehicles by
letter. State motor vehicle departments will provide manufacturers with
a list of registered owners for this purpose. The notice will include
specific details regarding the defect and instructions on how to get the
vehicle or the included equipment fixed.
Under federal law, vehicle manufacturers must provide every consumer
affected by a recall with a remedy for the defect that is both free and
timely. In some cases, that may mean a wait, especially when parts are
needed and in limited supply. However, you are within your rights to
demand a free fix of a known defect.
That said, though, the choice of remedy is up to the manufacturer. There
are three recall remedies available to manufacturers, depending on the
type of defect:
Repair. The manufacturer will repair
the defect free of charge. This is the most common remedy for defects
that are small and/or easily fixed.
Replace. The manufacturer will replace your vehicle free of
charge.
Refund. The manufacturer will refund your purchase price,
minus depreciation. Refunds are only available when an entire vehicle is
recalled. Manufacturers of defective equipment are only required to
repair or replace said defective parts or equipment.
Even if you
take full advantage of the recall options available to you, it is still
possible to file a civil lawsuit for any injuries or damages incurred
due to a defective vehicle or part. As noted previously, any consumer
who has been injured as a result of a defective vehicle may have a legal
claim to recover for those injuries and other damages that can be traced
to the defect. That is always your right as an injured party.
TBJ
This article, which was originally published on the Hill Law Firm blog,
has been edited and reprinted with permission.
JUSTIN HILL
is the founder of the
Hill Law Firm in San Antonio, where he practices personal injury law.
For more information, go to jahlawfirm.com.
