{"id":353401,"date":"2016-04-04T10:46:56","date_gmt":"2016-04-04T15:46:56","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/product-liability\/your-right-to-recall-remedies.html"},"modified":"2023-12-05T19:47:42","modified_gmt":"2023-12-06T00:47:42","slug":"your-right-to-recall-remedies","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/product-liability\/your-right-to-recall-remedies.html","title":{"rendered":"Vehicle Recall Remedies and Your Rights"},"content":{"rendered":"\n
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Vehicle Recall Remedies and Your Rights<\/h1>\n\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Oni Harton, J.D.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

If your vehicle is recalled due to a safety defect, you have the right to a free repair, replacement, or refund under federal law. If the defect caused an accident or injury, you may also be entitled to compensation through a lawsuit against the manufacturer.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n\n\n\n\n

You have certain legal rights if the manufacturer or government agency recalls your car or SUV. Knowing your rights and the available car\u00a0recall remedies helps you take timely action to remedy your vehicle. It also helps ensure your family is safe while traveling in your vehicle.<\/p>\n

If you are injured in an accident due to a vehicle defect, you may have grounds for a product liability lawsuit against the manufacturer. Federal law requires automakers to address safety defects, but recall remedies may not cover personal injuries. A product liability attorney<\/a> can help you pursue compensation for medical expenses, lost wages, and other damages.<\/p>\n

This article explains your rights to a legal remedy as the owner of the defective vehicle. You’ll also learn your legal rights if you are injured as a result of a vehicle defect<\/a>.<\/p>\n

Recalls and Automobile Safety<\/h2>\n

Safety is one of the most important things buyers consider when shopping for a new car, truck, or SUV. Advertisers and sales representatives frequently highlight safety features on television and the sales floor.<\/p>\n

Car manufacturers continually work to boost sales by designing safer vehicles for consumers. When the automaker or the\u00a0National Highway Traffic Safety Administration (NHTSA)<\/a>\u00a0discovers a vehicle defect, it issues a recall notice.<\/p>\n

Sometimes, an automaker initiates recalls voluntarily. For example, if it learns that the airbags in a particular make and model don’t deploy properly, it may start the recall<\/a>.<\/p>\n

Other times, the automakers wait until NHTSA orders them to issue a vehicle recall. This depends on the likelihood of vehicle owners suing the manufacturer for injuries<\/a> resulting from violating safety standards. The manufacturer’s goal is to keep sales high and protect their reputation.<\/p>\n

Factors Ensuring the Safety, Reliability, and Crashworthiness of Cars and SUVs<\/h2>\n

Auto manufacturers and NHTSA aren’t the only agencies working to ensure vehicle safety. Government regulators also routinely evaluate cars for safety problems. When motor vehicles fail to meet safety standards, regulators can order automakers to correct the issues. Regulators also have the authority to levy fines on car manufacturers who fail to fix safety concerns<\/a>.<\/p>\n

Once cars reach the market, the media widely reports on safety problems. For example, the media covers the crash if someone dies in an accident due to a vehicle manufacturer’s safety defects. The media educates the public and often commands an outpouring of concern for the victim’s friends and family.<\/p>\n

Car owners who suffer an injury from a motor vehicle safety issue can also sue the manufacturer for compensation. All of these considerations converge to encourage manufacturers to produce safe and reliable cars.<\/p>\n

The Car Recall Process<\/h2>\n

A recall begins with the discovery of a defect. Sometimes, the manufacturer discovers a car defect and issues a\u00a0voluntary recall<\/a>. Consumers can also file complaints with government regulators, manufacturers, or dealerships.<\/p>\n

Most of the time, manufacturers voluntarily recall a defective car. Voluntary recalls reflect better on car companies. It can also help the manufacturer avoid liability down the road. If the manufacturer covers recall repairs, it can cast the manufacturer in a better light.<\/p>\n

NHTSA, the federal agency responsible for car safety investigations, can also initiate the recall process. NHTSA can request that a manufacturer issue a voluntary recall. NHTSA can also order manufacturers to recall defective cars and equipment when necessary.\u00a0You can also search\u00a0NHTSA’s recalls and safety notices database<\/a>\u00a0by your vehicle identification number.<\/p>\n

Once the NHTSA issues a recall, car manufacturers must notify registered owners and purchasers<\/a> of all recalled cars by letter. State agencies provide manufacturers with lists of registered owners for this purpose. This notice contains important details about getting your vehicle or equipment fixed. It also provides owners with contact information for questions or concerns.<\/p>\n

Your Car Recall Remedies: Repair, Replace, Refund<\/h2>\n

Federal law requires manufacturers to\u00a0provide consumers with a\u00a0recall remedy\u00a0free of charge and within a reasonable amount of time. Car recalls can span the globe and potentially involve thousands of owners. Repairing your vehicle may take a while. Local dealerships can also take time to obtain the necessary replacement parts.<\/p>\n

While your recall remedy is free, the choice of remedy belongs to the manufacturer. Car manufacturers can choose from three recall remedies. The recall remedy depends on the nature of the defect.<\/p>\n

These remedies include the following:<\/p>\n