Understanding Vehicle Recalls and Car Safety | Attorneys for Auto Accidents
Reading news headlines, it can start to feel like vehicle safety recalls are being issued daily. While the number of car complaints and vehicles affected continues to grow, you might ask yourself if this means vehicle safety is declining?
The truth is that it depends on the model of manufacturer of the car you drive, in addition to the make and year. Many recent automobile recalls have to do with older vehicles, and we’ve seen some historically massive recalls in recent times. One example is the Takata airbag recall, which is still growing. Headlines boast big numbers, but they don’t provide much detail. So, how dangerous is a recall, and what should vehicle owners do after one is identified to keep their car safe?
Topics and questions this article may help you to answer:
- What are vehicle recalls?
- Safety defects
- National Highway Traffic Safety Administration recalls process
- Vehicle recall notifications and is my car under recall?
- Least and most vehicle recalls
- Common defects considered safety related
- Common defects not considered safety related
- Who is responsible for reporting a safety recall?
- Do car recalls expire?
- Who is responsible for car recalls?
- Can I take action for injuries I may have suffered during vehicle recalls?
What Are Vehicle Recalls?
An auto recall is a way for manufacturers to warn you that something about your vehicle presents a potential for injury or property damage. After the National Highway Traffic Safety Administration (NHTSA) determines a safety risk exists, they issue a recall, and manufacturers are required to fix the problem.
What Is a Safety Defect?
A safety defect is a problem that:
- poses a risk to vehicle safety
- exists in a group of vehicles of the same design or manufacture
If a product is recalled, you should not have to pay for any repairs or replacements. If your vehicle, car seat, or tire is under recall, a safety defect has been identified through the recall process.
National Highway Traffic Safety Administration Recalls Process
In the U.S., the NHTSA sets safety standards that keep your car safe. Part of what the NHTSA does is require manufacturers to repair safety-related defects at no cost to vehicle owners and drivers. Costs associated with the parts and labor that go into getting defects repaired are significant for manufacturers and can lead to resistance to full-scale recalls. However, the NHTSA follows a recall process to ensure that safety-related defects are addressed. The process is as follows:
How Do I Make a Complaint to the NHTSA?
Sometimes, manufacturers discover hazards and start the recall process willingly. For other manufacturers, the NHTSA or the courts kick-start the recall process. The latter can come from consumer discovery. If you find a safety concern, there are three ways to report it to the NHTSA:
- Call the U.S. Department of Transportation’s Vehicle Safety Hotline: 877-421-5154 or 844-660-5805.
- Report the issue online here
- Send a letter addressed: S. Department of Transportation National Highway Traffic Safety Administration Office of Defects Investigation (NVS-210) 1200 New Jersey Avenue SE Washington, DC 20590
If there are enough reports about the same issues with the same make, model and year of the vehicle, the NHTSA may open an investigation. At this point, the Office of Defects Investigation (ODI) will take charge of performing the car recall investigation. The investigation process is as follows:
- Screening: Review of consumer complaints to determine whether an investigation is necessary
- Petition Analysis: Review of petitions for defect investigations
- Investigations: Two-phase investigations into alleged safety defects
- Recall Management: Monitoring the effectiveness of safety recalls
NHTSA Issues a Car Recall
The NHTSA is responsible for issuing safety defect recalls. Manufacturers can dispute claims and present new information, but the NHTSA has the final say.
- Once the recall is issued, the word is spread, and consumers are informed of the next step. Most often, consumers are asked to make an appointment with their dealership to service their vehicle.
If you’re worried about recalls and aren’t sure if they affect your vehicle, you can subscribe to notifications.
Vehicle Recall Notifications: Is My Car Under Recall?
You may wonder, “Is my car safe or under recall?” If it is, you should receive a notification. Manufacturers must notify car owners of a recall decision within 60 days, and send a notification letter to registered owners within that time frame. You can always sign up for email notifications for NHTSA recalls by visiting this link. Additionally, you can check the NHTSA recall database to see if your car is under recall. You can do this by searching your car’s 17-character vehicle identification number (VIN). You may be curious if recalls affect some manufacturers more than others, and the answer is that recall rates vary by make and model.
Least And Most Vehicle Recalls
Using data from the National Highway Traffic and Safety Administration (NHTSA) recall database, a study identified vehicles with the highest and lowest recall rates.
- Mercedes-Benz C-Class
- GMC Sierra
- BMW 3/4 Series
- Dodge Durango
- Nissan Pathfinder
- Ram Pickup
- Toyota 4Runner
- Dodge Charger
- Chrysler 300
- Chevrolet Tahoe
- Hyundai Accent
- Chevrolet Equinox
- Toyota Corolla
- Honda Civic
- Honda CR-V
- Honda Accord
- Subaru Crosstrek
- Toyota Camry
- Hyundai Elantra
- GMC Terrain
We understand what prompts a recall, however what types of defects are considered safety-related? And also, of those defects, which ones do the NHTSA monitor?
Common Defects Considered Safety-Related
- Steering mechanisms that break suddenly, causing loss of vehicle control
- Accelerator controls that break or stick
- Wheels that crack or break
- Seats that fail during normal use
- Airbags that deploy when they are not intended to deploy
- Car seats with defective safety belts, buckles, or parts that create a risk of injury
Common Defects Not Considered Safety-Related
- Ordinary wear of equipment is required to be checked, maintained and replaced regularly, like brake pads
- Excessive oil consumption
Car Recall FAQs
Who Is Responsible for Reporting a Safety Recall?
Manufacturers are responsible for their vehicles, as well as all original equipment installed on them. They have the responsibility to report defects to the NHTSA, notify owners, and offer them a free fix to the problem. Equipment not originally installed by the vehicle manufacturer is the responsibility of the equipment manufacturer to notify, report, and recall. Ensure your vehicle registration and mailing address is up to date. It is essential, in order to get proper notification.
Do Car Recalls Expire?
Car recalls do not expire, no matter how much time has passed. You are entitled to free repairs to fix recall related issues, as long as the auto manufacturer is in business. A car recall follows the vehicle, even if it incurs a change in ownership. Suppose you buy a used car, then discover it has a recall. The car recall was issued years ago, and the defect still exists in the engine. A recall follows the vehicle, so you are entitled to take it in for repairs to get the engine fixed. Car recalls are used as supportive evidence in a lawsuit. They easily prove a vehicle is defective, because the manufacturer admits it through the recall.
Who Pays for Recalls in Vehicles?
You may be wondering, who is responsible for vehicle recalls, and who pays for them? And also, can you be reimbursed for a recall?
Manufacturers must cover the cost of safety defect repairs, and you are entitled to reimbursement for any recall related repairs that you paid. For up to one year of the vehicle recall notification, manufacturers must reimburse car owners for repair expenses related to the recall. Fortunately for car owners, this reimbursement also includes costs incurred before the announcement.
Can I Take Action for Injuries I Suffered During Vehicle Recalls?
Yes, your best course of action is to consult with a lawyer to explore your legal options and what compensation you may receive. Call 1-800-THE-LAW2 for a free consultation with an accident lawyer near you today.