Vehicle Recalls: When is a Safety Recall Required? //
When your vehicle or motor vehicle equipment poses a safety risk to you, your passengers, or other motorists, it can be recalled.
- A recall is issued when a manufacturer or the National Highway Traffic Safety Administration (“NHTSA”) determines that a vehicle, equipment, car seat, or tire creates an unreasonable safety risk or fails to meet minimum safety standards.
- Manufacturers are required to fix the problem by repairing it, replacing it, offering a refund, or, in rare cases, repurchasing the vehicle.
The United States Code for Motor Vehicle Safety (Title 49, Chapter 301) defines motor vehicle safety as “the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.”
A defect includes “any defect in performance, construction, a component, or material of a motor vehicle or motor vehicle equipment.”
Generally, a safety defect is defined as a problem that exists in a motor vehicle or item of motor vehicle equipment that:
- Poses a risk to motor vehicle safety and
- May exist in a group of vehicles of the same design or manufacture, or items of equipment of the same type and manufacture.
How Do Vehicle Recalls Affect Owners and Lessees?
When your vehicle, equipment, car seat, or tire is subject to a recall, a safety defect has been identified that affects you.
NHTSA monitors each safety recall to make sure owners receive safe, free, and effective remedies from manufacturers according to the Safety Act and federal regulations. If there is a safety recall, your manufacturer will fix the problem free of charge.
How Do I Know if My Vehicle Has Been Recalled?
If you have registered your vehicle, your manufacturer will notify you if there’s a safety recall by sending you a letter in the mail. It is important to make sure your vehicle registration is up-to-date, including your current mailing address.
Vehicle owners and lessees can also sign up to receive from NHTSA e-mail recall notifications affecting your make and model or download the SaferCar mobile app for iPhones or SaferCar mobile app for Androids to have recall alerts sent to your phone.
Manufacturers are obligated to attempt to notify owners of recalled products.
For vehicles, this means manufacturers merge their own vehicle purchase records with current state vehicle registration information.
For equipment, where state registration records do not exist, manufacturers are obligated to notify their distribution chain and known purchasers of the recalled equipment.
Even if you do not receive a notification, however, if your vehicle, child restraint, or other item of equipment is involved in a safety recall, the manufacturer is obligated to provide a free remedy.
What Should You Do If Your Vehicle Has Been Recalled?
When you receive a vehicle recall notification, follow any interim safety guidance provided by the manufacturer and contact your local dealership.
Whether you receive a recall notification or are subject to a safety improvement campaign, it is very important that you visit your dealer to have the vehicle serviced.
The dealer will fix the recalled part or portion of your car for free. If a dealer refuses to repair your vehicle in accordance with the recall letter, you should notify the manufacturer immediately.
How Do You Search for Vehicle Recalls?
To easily search vehicles, car seats, tires and other equipment for safety recalls, investigations, complaints and manufacturer communication, visit Check for Recalls on the NHTSA website.
On NHTSA.gov, consumers can search for recalls by:
The NHTSA also makes recall information searchable by
How Do You Report a Safety Problem to the NHTSA?
Consumers who experience a vehicle issue that could be a safety defect can submit a complaint on the NHTSA’s website at Report a Safety Problem or call the NHTSA’s Vehicle Safety Hotline at (888) 327-4236, Monday-Friday, 8 a.m. to 8 p.m. (ET), Hearing Impaired (TTY), (888) 275-9171.
Source: Safercar.gov, Vehicle Recalls: FAQs and NHTSA.gov, Resources Related to Investigations and Recalls
Consumers Affected by Safety Recalls May Have Legal Claims
Consumers impacted by vehicle defects or safety recalls are encouraged to send us a message or contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation evaluation of potential legal claims,
About Kehoe Law Firm, P.C.
Kehoe Law Firm, P.C. is a nationally recognized, plaintiff-side class action law firm dedicated to protecting investors and consumers from fraud and misconduct. Our attorneys have served as Lead or Co-Lead Counsel in major securities cases, recovering over $10 billion for institutional and individual investors. We litigate securities fraud, fiduciary breaches, unfair mergers and acquisitions, and antitrust violations, while also representing whistleblowers and advocating for victims of data breaches, consumer fraud, vehicle and product defects, employment law violations, retirement plan mismanagement, and other corporate and business misconduct. With a results-driven approach, we pursue justice and substantial recoveries for those we represent.
KLF’s class action legal services are provided on a contingency-fee basis, meaning clients are not responsible for any fees or litigation expenses.
