A safety recall is issued by either the National Highway Traffic Safety Administration or the manufacturer to address a safety issue or defect with a particular vehicle model. When a vehicle is manufactured, mistakes can be made and defects can be overlooked, which can put occupants at risk. The only way to ensure the safety of those on the road is to issue vehicle recalls.
When a vehicle recall can’t be repaired in a timely manner, there may be grounds for a lemon claim. As experts in lemon law, The Lemon Pros know how to ensure our clients’ safety and get them the compensation they deserve. We've already secured millions of dollars in settlement money for Californian clients, let us help you as well. Contact us for your free consultation.
In this article, we discuss the rights that vehicle owners have when it comes to safety recalls. We explain what causes a car recall and what to do with recall notices.
Car recalls are issued voluntarily by the manufacturer or involuntarily through the National Highway Traffic Safety Administration (NHTSA) when there’s a safety concern with a car that needs to be addressed. A safety recall can involve anything from a fault in the antilock brake system to issues latching in car seats. Whatever they are issued for, there must be a threat to vehicle safety that requires immediate attention.
A voluntary recall occurs when the manufacturer recognizes the safety risk and alerts drivers. If the manufacturer doesn’t issue the safety defect recall and the NHTSA gets involved, it becomes a mandatory recall. Either way, recall notices are sent to the registered driver, and a recall repair needs to be scheduled with a local dealership. Thankfully, there’s no cost for the recall repairs, as they are covered by the manufacturer.
Minimum federal safety standards require that every car have functioning brakes, adequate lighting, and sufficient tires. There must also be functional seat belts, airbags and steering systems for user safety.
A recalled vehicle can suffer from any number of safety issues. The brakes could be faulty, or the airbags may not deploy as intended, both of which could lead to a serious injury. A great example of this is the Takata airbag recall, which involved 67 million vehicles.
Some mechanical and design flaws can also lead to a recall, such as engine problems, faulty wiring, and transmission issues, which pose a safety threat on the road. Furthermore, any issue with the car seats or seat belts can lead to injury and must spark a recall. One well-known mechanical failure is illustrated with the Chevy Bolt recalls, where battery failure may cause a fire.
A safety risk isn’t the only reason for a recall. Because of newer federal emissions standards from the Environmental Protection Agency (EPA), excessive emissions can also lead to a recall. If there’s a mechanical defect that is allowing too much exhaust into the atmosphere, the manufacturer will be required to fix it. A good example of these recalls is the notorious VW Dieselgate scandal that involved 500,000 vehicles in the U.S. alone.
Whenever there’s a recalled car, the manufacturer is required to send a notification via first-class mail to the driver. However, you don’t have to wait for a recall letter to see if your car has any open recalls. You can search for recalls on the NHTSA website by entering your vehicle identification number (VIN). The VIN can be found on a metal plate at the top of the driver’s side dashboard near the windshield or on your registration paperwork. You don’t want to simply search by the vehicle model, as some recalls only affect a certain batch from a particular year.
If your car is one of the affected vehicles from a recall notice, you don’t want to wait to take action. Generally speaking, here are some important steps to take once you are notified of a safety-related defect.
If a recall states that your vehicle doesn’t meet minimum safety standards, you want to carefully read the notice. Contact the manufacturer or local dealership to have the vehicle repaired. There should be a consumer hotline number posted on the recall notice if you need more guidance.
Recalled vehicles quickly turn into lemons when the repairs aren’t completed. To protect your rights under California lemon law, you want to keep documentation of everything that happens after the recall notice. Among your records, you need to mark down every call you make and the people you’ve spoken with. Even if the recall is repaired, you want to hold onto this communication in case the issue resurfaces later. Aside from this, you should have your insurance documents, purchase or lease agreement and warranty paperwork handy.
When motor vehicles are recalled, a lemon case is the next step if the problem isn’t repaired promptly. In this situation, you want a qualified legal team on your side. At The Lemon Pros, we know the best ways to communicate with the car’s manufacturer to ensure a satisfactory outcome. Schedule a free consultation to see what you may be owed.
Once the recall is repaired, it’s up to the vehicle owner to pay attention to how the entire vehicle acts as a result. Sometimes, fixing one problem can lead to another, especially with related systems or updates that occur. It’s critical to your case that you notify the manufacturer or dealership of any further complaints and that you keep documentation of it all.
The Song Beverly Consumer Warranty Act, known as lemon law, is California’s guideline for defective vehicles. It’s not uncommon for unrepaired recalls to turn into a lemon law case.
Lemon law provides protection for drivers who have bought faulty vehicles. New cars are covered by lemon law for the first 18,000 miles or 18 months, while a used car may also receive coverage if it’s still covered by a warranty. Dealers have a limited amount of repair attempts to fix the problem before it can be classified as a lemon. For safety issues, the dealer only has two attempts available, while other problems require a minimum of four visits.
Once the manufacturer sends the letter to notify registered owners of the problem, the authorized dealer has several tries to remedy the issue. The recall information should outline the potential fix and the dealership gets two tries to repair a safety concern. The safety problem may include the parking brake, a faulty airbag, or any system that the NHTSA determines poses a risk. If it’s not fixed within that time, a lemon claim can be filed. Through a lemon claim, you can get compensation in the form of a refund, replacement vehicle or cash settlement. The average lemon law settlement in California falls between $40,000 to $50,000, but can be more or less depending on various factors. Additionally, if the dealer refuses to repair the car, which happens in extremely rare cases, you would have legal recourse.
Filing a lemon law claim can be a challenging and confusing experience if you’ve never done it before. A lemon attorney has the expertise needed to communicate with the manufacturer or dealer to get what you deserve. Lemon lawyers offer legal advice, court representation and assist with filing the claims. By hiring a lemon law attorney, you have a higher chance of receiving compensation and there’s less stress to deal with.
You should never ignore a recall notice, even if it seems like a minor complaint. You may not think that the defect poses a real safety issue, but the manufacturer knows what needs to be dealt with and what should be fixed. If you ignore the notice, you may be putting your safety at risk, along with other people on the road.
There could be legal and financial consequences because of your neglect. For starters, you may have to pay future repair costs out of pocket because you didn’t address the recall. For example, if a tire creates a suspension issue and is recalled, you want to get the free repair instead of having it fixed at your own expense. What seems like a minor problem (such as a tire) can quickly turn into a much larger expense, like having the suspension overhauled.
Additionally, when you go to sell the vehicle, many vehicle history reports show when there’s an open recall that wasn’t fixed. For example, potential buyers can see the unrepaired issue on a CARFAX report, thereby making it more difficult to sell the car for your asking purchase price.
If the recall matches your vehicle’s VIN, you shouldn’t need to pay for the repairs. An open recall is covered by the manufacturer and the dealership won’t charge you. However, if you neglect the recall and further problems occur, the manufacturer may not be responsible. In rare cases, you would be required to have the issue fixed and couldn’t issue a reimbursement request. A qualified lawyer can help you navigate the specifics and ensure you get the coverage needed for the recall issue.
If your specific vehicle has been recalled, you shouldn’t wait to have it repaired. The recalled part or issue could impact your safety, and there’s no price you can put on your well-being. We always encourage our clients to prioritize their safety and get the recall repair, even if it means needing a loaner vehicle while the car is in the shop. It’s also critical to check for recalls occasionally, just to ensure you haven’t missed a notification letter. While the manufacturer sends them out based on the vehicle’s registration, things can be overlooked and missed. Check your vehicle today to stay safe on the road.
The Lemon Pros can navigate your lemon claim, even if it has to do with a recalled part. As the best Lemon Law Attorneys in California, we are prepared to fight for your rights. Visit us today or contact us for a free consultation and learn more about what you’re entitled to.
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