Vehicle Safety Recall Types and Processes

Defective and dangerous vehicles and parts cause thousands of motor vehicle accidents annually. Since 1966, auto manufacturers and the Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) have issued more than 300 million recalls.

NHTSA sets safety standards that auto manufacturers must abide by. Automakers usually adhere to these standards, but sometimes, a vehicle falls short. When this happens, NHTSA or the car manufacturer may issue a car recall.

In this article, you’ll find:

• How the auto recall process works in the U.S.
• What to do if you injure yourself as a result of a safety problem with your automobile, truck, motorcycle, or SUV
• Answers to frequently asked questions (FAQ) about vehicle recalls

A product liability attorney near you can also answer your questions about vehicle recalls or safety defects. If you’ve been injured by a defective vehicle or are having issues getting a recall remedied, an experienced attorney may be the advocate you need.

The NHSTA Recall Process

The National Traffic and Motor Vehicle Safety Act (1966) gives NHTSA the authority to issue vehicle safety standards and to require manufacturers to recall vehicles with safety-related defects or that do not meet safety standards.

NHTSA recalls follow a specific process. First, car owners file complaints about perceived vehicle safety defects with NHTSA. NHTSA then reviews and catalogs each complaint to track which vehicles have the most significant safety issues.

There is no magic number of complaints that trigger an investigation. However, if a particular make and model receives more severe complaints, NHTSA will conduct an investigation.

During its investigation, NHTSA closely reviews each complaint and the designs of the vehicles in question. If necessary, NHTSA engineers may conduct tests. If these tests reveal a problem in a car’s design that impacts vehicle safety, NHTSA will issue a recall.

There will be no recall if the defect merely impacts the driver’s comfort. For example, radio or air conditioning defects rarely cause recalls, whereas problems with steering or acceleration may pose a safety hazard.

Auto Manufacturers and Voluntary Recalls

Sometimes, a vehicle manufacturer issues a recall voluntarily rather than waiting for the government to order one. There are several reasons why they may do this, including:

• It is cheaper to offer to fix the defect than risk a lawsuit
• It helps promote goodwill on the part of the manufacturer
• By issuing a recall, the company may avoid liability down the road

That is one of the significant reasons manufacturers send voluntary recalls in the first place. Once a certain amount of time passes, they are no longer liable for injuries caused by the safety defect.

Common Vehicle Recall Reasons

The NHTSA established the Federal Motor Vehicle Safety Standards, which set minimum safety standards for all vehicles sold in the United States. These standards apply to both new and used cars. The manufacturer or distributor must issue a recall when an automobile or vehicle part fails to meet these requirements and poses a safety risk.

Primary concerns are with vehicle parts that most affect its safe operation, like brakes, tires, and lighting. Vehicle components that protect drivers and passengers from death or severe injury in a crash (like airbags and safety belts) are also a critical focus.

More common recalls involve:

• Airbags
• Braking systems
• Tires
• Electrical components
• Seatbelts and car seats
• Emissions
• Gasoline tanks
• Headlights and taillights

A recall becomes necessary when:

• A motor vehicle or item of equipment does not comply with a Federal Motor Vehicle Safety Standard
• There is a safety-related defect in the car or equipment

Examples of Vehicle Safety Defects

A safety-related defect may exist in a group of vehicles of the same design or manufacture or pieces of equipment of the same type and manufacture. Examples include:

• Steering components that break suddenly and cause partial or complete loss of vehicle control
• Accelerator controls that may stick
• Wheels that crack or break, resulting in loss of vehicle control
• Windshield wiper assemblies that fail to operate or malfunction
• Defective car seats
• Seats or seat backs that fail unexpectedly during regular use
• Wiring system problems that result in a fire or loss of lighting
• Car ramps or jacks collapse, which can injure someone working on a vehicle
• Defective airbags that deploy on their own

You must take your car in for recall repairs if you receive a recall alert. If you choose not to do this, it will be challenging to hold the manufacturer liable for damages later.

Who Decides To Issue a Vehicle Recall?

Either the manufacturer or the NHTSA would be the one to issue a recall. The manufacturer may issue a recall voluntarily, or the NHTSA may order it.

When the manufacturer issues a recall, they check vehicle registration records to ensure they include all owners. This is important because the manufacturer must send the recall information to the car’s owner. This is not always the person who bought the vehicle.

All major automobile manufacturers have had their share of safety recalls. It doesn’t matter whether you purchase a new or used car. Recall notifications are fairly common.

Some of the major vehicle manufacturers that sell vehicles in the U.S include:

• Ford Motor Company
• General Motors Company
• Toyota Motor Corporation
• FCA US, LLC (formerly Chrysler Corporation)
• Jeep
• Toyota
• Honda
• Nissan
• Lexus
• Hyundai
• Subaru
• Mercedes-Benz
• Kia

If your vehicle has a safety defect, there’s a chance you’ll have a product liability claim. It depends on whether you suffer an injury due to that defect.

Vehicle Recall Notices

If a manufacturer issues a car recall, it may notify car owners. However, they typically only inform auto dealerships. These recalls act as secret warranties. If NHTSA issues the recall, manufacturers are legally obligated to notify owners of affected vehicles through the mail using state vehicle registration records.

Each recall notice must contain the following:

• A description of the defect
• An explanation of the risks posed by the defect, as well as any critical warning symptoms
• A description of the remedy, along with instructions on how and when to have the remedy performed

In the case of car recalls, the remedy is the repair or replacement of the defective part. This is at no cost to the vehicle owner. A local dealership typically performs the replacement and repair of the vehicle.

Even if you do not receive a recall notice, you are still entitled to a remedy if the manufacturer or NHTSA issues a recall on your vehicle. Check NHTSA’s website to see whether there is a recall on your car. You can search by vehicle identification number (VIN).

What Is a Silent Recall?

Sometimes, an auto manufacturer realizes that there is a defect with one of their vehicles. Instead of sending recall notices to buyers, the company sends consumers a bulletin offering to repair the issue or replace the part. They shroud this silent recall in the form of customer service or courtesy information.

The government does not initiate silent recalls and is only sometimes aware that the manufacturer is issuing the recall. As long as the company is voluntarily providing the information, it can get away with what most people agree is consumer manipulation.

How Many Car Recalls Does the NHTSA Issue Annually?

The number of vehicle recalls issued changes by year. In 2024, the NHTSA issued almost 700 vehicle safety recalls on more than 33 million vehicles.

What Happens if a Manufacturer Identifies a Safety Issue but Fails To Issue a Recall?

If an automaker is aware of a defect and doesn’t issue a recall, the NHTSA will fine them. For example, the government learned that GM hid a deadly issue with its ignition switches for years. Finally, in 2014, the company issued a much-needed safety recall. Once the NHTSA learned of the duplicity, it fined the company more than $110 million for the thousands of violations committed.

How Is Vehicle Recall Remedied?

Once the manufacturer identifies a vehicle defect, manufacturers or car dealerships have three options to correct the defect: 

• Repair the vehicle
• Replace the vehicle with an identical or similar vehicle free of safety defects,
• Refund the purchase price to the consumer

The manufacturer or distributor is entitled to retain a reasonable allowance for depreciation.

In the case of defective equipment, including tires and child safety seats, the manufacturer can either repair or replace them. Contacting a product liability attorney is in your best interests if you’re considering pursuing a car defect claim.

Do International Automakers Have To Follow the Same Recall Rules?

Vehicle recall laws and regulations also apply to foreign vehicles. Any vehicle or equipment manufactured or imported for sale in the U.S. (including territories) and certified for use on public roads and highways must meet the safety requirements outlined above.

Additional Vehicle Recall Resources

For additional resources on auto recall information, see the following:

• VIN Search from the Office of Defects Investigation: Search by Vehicle Identification Number (VIN) to determine if the automaker fixed the issues with your automobile.
• Defects Investigation Database from the Office of Defects Investigation: Search for defects investigations involving vehicles, equipment, child safety seats, and tires.
• Safety Technology from the NHTSA: Find information on the latest automobile safety technologies, such as land departure warning.
• NHTSA’s Car Safety Ratings: Search for safety information about automobiles by name.
• Parents Central: Find information and resources for parents from NHTSA to help you keep your children safe while traveling.

When a Vehicle Defect Causes Injuries: How To Get Legal Help

If NHTSA or a manufacturer recalls your car or truck, the dealer or manufacturer should fix the problem free of charge or offer a refund. You may be entitled to compensation if you suffer an injury due to your defective automobile.

An attorney can answer any questions you may have about vehicle recalls. They’ll also let you know if you have a claim worth pursuing.

FindLaw’s directory of product liability attorneys can get you started. Select your state or city to review contact and ratings information for local experts. Your search results will also link you to additional details about the attorneys’ experience with cases involving vehicle defects. Many attorneys offer free case evaluations.