when should you get a lawyer for an automobile recall

If a safety issue exists and an injury is sustained, contact an Ohio auto recall lawyer to review the case. When automakers

like BMW fail to control quality, the National Highway Traffic Safety Administration (NHTSA) and product liability attorneys can issue recalls and file lawsuits to hold companies responsible.

Full Answer

When does an automobile recall become necessary?

An automobile recall may become necessary when a vehicle part does not comply with the federal motor vehicle safety standards and/or there is a safety related defect in the equipment in the vehicle. What Should I Do Regarding a Defective Car Repair? One of the top consumer complaints is often car repair fraud.

What are my legal rights if my car is recalled?

You have certain legal rights if your car is recalled. A recall can involve dozens of cars or hundreds of thousands. It can affect anything from entire vehicles to replaceable equipment such as floor mats, airbags, and engine parts. Knowing your rights and the car recall remedies available to you can provide you with a head-start.

What to do if your car is recalled by a dealership?

It is strongly recommended to keep all paperwork on all vehicle repairs. If the car dealership does not fix the recall issue and the owner has the documentation for the recall of the vehicle, the manufacturer should be alerted at once. The vehicle is to be repaired free of charge within a certain time frame.

When do you have to pay to get a recall repaired?

For example, if a recall was issued in the year 2002, the vehicles between the year 1993 and 2002 are to be repaired for free if the vehicle was purchased as new. If a car had a recall on it and is older than ten years, it is up to the owner to get the vehicle repaired at their own expense.

Can I sue a car company for a recall?

Yes, you can sue for a recall in many circumstances. A recall may be the basis for a lawsuit because it is strong proof that the vehicle was defective. The value of the claim depends on the harm that occurs because of a recall. You can sue for a recall if you're injured because of a defect that leads to a recall.

Can you get reimbursed for a recall?

Although the manufacturer may repair your vehicle for free, replace it, or give you a refund for your vehicle if it is named in a recall, that does not compensate you for any injuries you may have suffered as a result of that vehicle defect.

How long do you have to respond to a vehicle recall?

Whether a manufacturer independently conducts a safety recall or NHTSA orders one, the manufacturer must file a public report describing the safety-related defect or noncompliance. Manufacturers are also required to notify owners by mail within 60 days of notifying NHTSA of a recall decision.

How do I deal with a car recall?

The first thing to do is to read the recall letter from the manufacturer. The recall letter should describe the safety issue, the risks it poses and any warning signs you should be aware of. It should also provide instructions for scheduling a time to have the issue fixed at a local dealer.

Who pays when there is a recall?

According to the law, the manufacturer who made the error should be responsible for remedying the situation, including paying for the replacement parts and service costs. If a device on your vehicle is recalled, the first thing a customer should do is take that car to the nearest dealership.

Can you get a new car if yours is recalled?

A recall does not mean you get a new car or get your money back. It means that whatever part is subject to the recall will be replaced or repaired for free - even if your warrnaty has expired.

Do recalls have an expiration date?

As a general rule, recalls have no expiration date. Additionally, they will transfer from one owner to another. If you buy a used car and only later discover an open recall, you are entitled to the repair even though you were not the owner at the time of the recall.

How long do you have to take advantage of a recall?

The statute of limitations, according to NHTSA, for all no-charge recall repairs is 10 years from the original sale date of the vehicle. However, one exception is tires. Tire recall repairs must be completed within 60 days of receiving a recall notice. -Paul A.

How long are recalls honored?

The statute of limitations for all no-charge recalls is 8 years from the original sale date of the vehicle. After that time, you may be required to pay if you wish to have the part or parts replaced or corrected.

Do recalls cost money?

5. Do I Have To Pay To Have The Recall Repaired? No, it will not cost you anything to have your car's recall repaired. Manufacturers are required to repair recalls for free and if someone tries to charge you, contact the manufacturer or report it to the NHTSA.

What is vehicle recall policy?

The manufacturer, importer, or retrofitter of the motor vehicle shall have an option of closure of recall after one year from recall release date. However, on completion of three years from the recall release date, the recall may be deemed automatically inactive,” the Road Ministry notification said.

How is a recall determined?

A recall is issued when a manufacturer or NHTSA determines that a vehicle, equipment, car seat, or tire creates an unreasonable safety risk or fails to meet minimum safety standards.

When is a recall necessary?

When a defect is serious enough to raise safety concerns , a recall might prove necessary. Most of the time, manufacturers will voluntarily recall a defective car. Voluntary recalls are thought to reflect better on companies than complying with government ordered recalls.

What is recall in car?

A recall begins with the discovery of a defect. Sometimes the manufacturer will discover a car defect and issue a recall on its own initiative. More often, consumers will encounter a problem and file a complaint with government regulators, the manufacturer, or a dealership. When a defect is serious enough to raise safety concerns, ...

What are the remedies for a car recall?

Your Car Recall Remedies: Repair, Replace, Refund. Federal law requires manufacturers to provide consumers with a recall remedy free of charge and within a reasonable amount of time. Realistically, this may mean a wait. Car recalls can span the globe and potentially involve thousands of owners.

What can a recall affect?

It can affect anything from entire vehicles to replaceable equipment such as floor mats, airbags, and engine parts. Knowing your rights and the car recall remedies available to you can provide you with a head-start.

What agency is responsible for recalling cars?

The National Highway Transportation Safety Administration (NHTSA), the federal agency responsible for car safety investigations, often begins the recall process by requesting that a manufacturer issue a voluntary recall. It can also order manufacturers to recall defective cars and equipment when necessary.

Why is safety important in car sales?

Advertisements and sales representatives frequently highlight safety features on television and on the sales floor. Car manufacturers continually work to boost sales by making their cars better, safer, and more desirable for consumers. When defects are discovered, manufacturers will often act on their own initiative to prevent a decline in sales and avoid damage to the company's reputation.

Can you search the NHTSA database for recalls?

It can also order manufacturers to recall defective cars and equipment when necessary. You can search the NHTSA's database of recalls and safety notices as well. All consumers should receive notice of a recall affecting them .

What happens if you drive a car that has been recalled?

However, if you are the owner of a vehicle that has been listed in a recall, it is within your best interest to seek repairs/replacement as soon as possible. If you drive your vehicle after you have been informed of the defect and advised not to drive it, and you are injured in an accident as a result, you may be considered partially liable ...

What does it mean when a car is recalled?

At the very worst, though, an auto recall means that the car has a defective part that may very well contribute to a crash resulting in serious injuries or death. If you are a consumer whose vehicle has been recalled due to a defective part, there are several things you need to know about recalls, including what your rights are.

How to file a product liability lawsuit?

If a defective vehicle or vehicle part contributes to an accident that results in an injury, you have the right to seek damages from the manufacturer (or other negligent party, such as a car dealer who knowingly sold you a defective car) by filing a product liability lawsuit. A product liability suit against the manufacturer of a defective and recalled vehicle would allege that: 1 The manufacture had a duty to create a vehicle that was safe for use. 2 The manufacturer neglected this duty by defectively designing or manufacturing a vehicle. 3 The vehicle defect was the direct cause of the accident. 4 The accident resulted in harm, such as psychological injuries, physical injuries, missed days from work, permanent disability or disfigurement, medical bills, and more.

What rights do you have if you own a car?

These rights include: The right to be informed of the recall in writing. The right to be informed of when the remedy will be available and how long the remedy will take. ...

Why do manufacturers recall cars?

Typically, a recall is issued because a number of consumer reports are filed alleging a vehicle defect. Consider the recent example of the recall of about 2,000 Subarus in ...

What are the options for a manufacturer to remedy a defect?

You should know, the law provides the manufacturer with three options for remedying the defect: repair, replacement, or refund. If one of these options is not provided to you, your rights have been violated. In some cases, you may notice a defect in your vehicle and seek repairs before a recall has even been issued.

What happens if a car is defective?

If a defective vehicle or vehicle part contributes to an accident that results in an injury, you have the right to seek damages from the manufacturer (or other negligent party, such as a car dealer who knowingly sold you a defective car) by filing a product liability lawsuit. A product liability suit against the manufacturer ...

What happens if a car dealership does not fix a recall?

If the car dealership does not fix the recall issue and the owner has the documentation for the recall of the vehicle, the manufacturer should be alerted at once. The vehicle is to be repaired free of charge within a certain time frame. The manufacturer of the vehicle is permitted time to find a solution to the problem on the vehicle.

How old do you have to be to get a recall repaired?

A vehicle must usually not be more than ten years old when the recall was issued to be eligible for the vehicle to be repaired with no cost to the owner. For example, if a recall was issued in the year 2002, the vehicles between the year 1993 and 2002 are to be repaired for free if the vehicle was purchased as new. If a car had a recall on it and is older than ten years, it is up to the owner to get the vehicle repaired at their own expense. It is highly recommended that they do so, as a defect may cause major problems if not repaired. It is better to fix the problem than let the issue become one that causes an accident.

What to do if your car is recalled?

When vehicles have been recalled for defects, and then injuries occurred, it is best to contact a legal representative immediately. A knowledgeable lawyer needs to be contacted and informed of all issues that have occurred. Documentation should be provided to the legal expert, and if any witnesses are available, they may be contacted to describe their perspective. The manufacturer should be contacted to see if a solution can be determined.

Why are products recalled?

When a product is recalled, it is usually due to some safety concern. Knowing the rights associated with recalled items can help consumers.

Who must inform the owner of the risk of a recall?

The manufacturer must inform the vehicle owners of the risk of the vehicle recall. The notice that informs the registered owner of the recall provides an explanation of the need for the recall and what action the owner should take.

Who has the responsibility to inform NHTSA of recalls?

The car companies usually recall a vehicle of their own accord, but there are occasions where NHTSA has to prompt the car company to issue a recall. The car companies have the responsibility to inform NHTSA, dealerships, owners and distributors.

Does the manufacturer have to recall a vehicle?

The manufacturer of the vehicle is permitted time to find a solution to the problem on the vehicle. The vehicle owner has no legal standing with a recall if the manufacturer is complying with the issue but only needs time to find the solution to the problem.

How old does a car have to be to be recalled?

Most of the time. Federal law requires all safety recall repairs to be provided free of charge on cars that are up to 15 years old. That’s counted from the time the car was sold to the first owner, rather than based on model year or the date of manufacture.

What is recall in motor vehicle?

According to NHTSA, recalls are conducted for defects that “pose a risk to motor vehicle safety,” and that “may exist in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.”.

How long does it take for a recall to go out?

Mailed notices often go out days or even weeks after a recall is first announced online, however. Sometimes mailed recall notices don’t reach second or third owners, and automakers may be unable to contact vehicle owners who have changed addresses without notifying their local registry of motor vehicles.

How many times does a Nissan Altimas need to be repaired?

In the case of some Nissan Altimas, the vehicles had to be brought in for repairs a total of four times. And in a few cases, repairs are so involved that a dealer might need to send a car back to the factory, which could take several weeks.

When did the recalls come into effect?

Car safety recalls have been under the purview of the federal government since 1966 , when the National Traffic and Motor Vehicle Safety Act was signed into law. Today, safety recalls are supervised by the National Highway Traffic Safety Administration, an agency within the U.S. Department of Transportation.

Do not drive warning?

In some rare cases, such as the recall of certain BMW and Ford vehicles with faulty Takata airbags, an automaker will issue what’s known as a “do not drive” warning. If you’ve been told not to drive your car, don’t tempt fate—there’s an especially serious issue with the vehicle that could put your life in danger.

Is a recall a good thing?

Generally speaking, no. A timely, comprehensive recall that fixes a problem is evidence that automakers and regulators are taking safety seriously. “Recalls can be inconvenient, but they're actually a good thing,” says Jennifer Stockburger, director of operations at CR’s auto test center.

When is a recall necessary?

An automobile recall may become necessary when a vehicle part does not comply with the federal motor vehicle safety standards and/or there is a safety related defect in the equipment in the vehicle.

Who is liable for a defective car repair?

Some parties that may be liable for defective car repairs include: A shop mechanic; The owner of a repair shop; and/or. Vehicle manufacturers, especially in cases where a company mechanic is working under a warranty agreement. In most cases, car repair lawsuits are based on the theory of negligence.

What is a defective repair?

A defective car repair is a repair that is improperly done on a vehicle, as discussed above. A defective product recall is different and may be caused by a car defect which is the result of the vehicle’s manufacturer.

What happens if a car is not repaired properly?

If a repair is not properly completed, it can result in further damage or even injury to the passengers. A defective car repair can render a vehicle unsafe to drive. A vehicle that is unsafe to drive can result in physical damage to the vehicle itself, making further repairs difficult or impossible. It can also present risks to a driver, passenger, ...

How to protect yourself as an auto mechanic?

One important step an individual can take to protect themselves is research the mechanic or repair shop they plan to use.

Why is it important to have a consumer lawyer?

Since vehicles play such important roles in our everyday lives, it is important to have the help of a consumer lawyer in defective car repair situations. Car repair issues can inhibit your ability to work, take care of children and complete everyday tasks.

What does a lawyer do in a lawsuit?

Should a lawsuit be necessary, a lawyer can ensure your rights are protected, claims are properly filed and represent you during court proceedings if necessary. A lawyer will work to provide the best possible outcome for your case.