According to research findings published by Carfax, 57 million cars in the USA are subject to a recall, with California, New York, and Texas having the highest number of prone vehicles. That is nearly 1 in 5 vehicles across the country. Just this year, there have been cases of steering wheels that detach without warning, airbags exploding due to excessive heat, and engines going up in flames.
Millions of different products are recalled by manufacturers every year for a myriad of reasons. However, car recalls are some of the most common. Should you ever encounter an automotive recall, the following article will provide you with a head-start on knowing what to do.
Recalls and Safety
Safety is an incredibly important factor for car buyers and sellers. Car manufacturers sometimes spend billions of dollars each year on research and development to improve product safety. Car dealers heavily advertise car safety features and advances to appeal to consumers and boost sales. Should a defect be discovered, manufacturers will often act quickly to fix the issue and prevent a decline in sales and reputation.
Timeline of an Automotive Recall
The first step in the recall process begins with the discovery of a defect or safety issue. If the defect is not discovered by the manufacturer, consumers can file a complaint either with the manufacturer or a government agency. In the United States, recall complaints are received and reviewed by the National Highway Traffic Safety Administration (NHTSA). All complaints are gathered and entered into a 4-stage process of investigation.
- Screening the complaints and deciding whether to open an investigation into the matter.
- Analyzing all petitions seeking an investigation into auto defects.
- Opening an official investigation of the defects. The investigation is only closed if no safety defects are identified, or the manufacturer has been notified of the recall recommendations.
- If NHTSA determines that a vehicle poses a safety risk to consumers, the manufacturer is required to fix the problem. They are required to offer a repair, replacement, or in some cases, a refund. NHTSA oversees the effectiveness of safety recalls.
If a recall is determined necessary, the car manufacturer will issue a letter to consumers. This letter will outline the potential hazards and what steps you must take to get the vehicle repaired. If you do not receive a letter but believe you should have, you can check the NHTSA website for current recall notices.
Recalls are fixed at no charge to the consumer
Because it poses a threat to consumers and reputation, car manufacturers voluntarily initiate many of these recalls at no cost to the consumer. In an effort to avoid losses and backlash, auto manufacturers conduct extensive testing of their products to ensure that further issues do not reach the consumer. In many cases, the vehicle manufacturer will also pay for the cost of a rental vehicle if a substantial amount of time is needed for a repair.
Limitations On Recalls
The main limitation that might render a consumer ineligible for a no-charge remedy to their vehicle is based on the age of the vehicle. Manufacturers are required by law to provide remedies for defects at no charge only for vehicles less than 10 years old. Vehicle age is calculated from the date of the first purchase of the car. If a defect is issued on a car older than 10 years, the owner will assume responsibility for fixing the issue at their own expense.
In addition to the 10 year rule, it’s important to note that there are some situations within that time period where a car recall may not be enforceable. This does not mean that recalls expire, but if a manufacturer goes out of business or the replacement parts are not longer made, a recall may not be enforced.
Seek legal representation
With automotive recalls, safety is the number one priority. If you or a loved one has been involved in an accident because of a faulty or defective part, even after a recall has been established, a product liability suit may be in order. You should consult an auto defect lawyer as soon as possible. Inform your counsel of all the details with proper documentation. Your legal representative will determine the relevant remedies under state law to ensure maximum compensation for your experience.
Remember your rights as an owner of a recalled vehicle
Remember, as an owner of a recalled vehicle, you have the right to:
- Be informed of the recall in writing (Usually through the mail).
- Be informed of when the remedy will be available and how long it will take to have the issue fixed, replaced, or refunded.
- Have these repairs made at no cost.
- Receive contact information of someone to reach out to should any problem arise.