What You Should Do When Your Car Is Recalled

If a recall requiring a repair has been issued for your vehicle in California, it is important to promptly get suggested repairs to ensure it is safe to drive. If a car is subject to a total recall, the manufacturer will mail you a recall notice that explains the specific defects, risks associated with driving the vehicle, and what to do.

Motor vehicle recalls are issued when a manufacturer or the National Highway Traffic Safety Administration (NHTSA) determines that a vehicle creates an unreasonable safety risk or doesn’t meet minimum safety standards. Most recalls are voluntarily issued by manufacturers before any involvement by NHTSA, the agency says.

You should not ignore a vehicle recall notice. In addition to safety concerns, unaddressed recall issues can significantly lower your vehicle’s resale value.

What Is a Recall on a Car?

NHTSA is an arm of the U.S. Department of Transportation that enforces motor vehicle performance standards to reduce deaths, injuries, and economic losses from collisions.

NHTSA’s vehicle safety standards have the force of law. The agency can require manufacturers to recall vehicles and equipment when safety-related defects have been identified. Vehicle manufacturers also have an incentive to remove unsafe vehicles they have sold from the nation’s roads and issue their own recall notices.

A recall may be a:

• Safety recall – These are issued for defects that could pose a risk of injury to drivers or passengers.
• Non-safety recall – These are issued for defects that don’t present an immediate safety hazard but may still affect vehicle performance or reliability.

NHTSA can require a manufacturer to fix a problem by repairing it, offering a refund, or in some cases, repurchasing the vehicle. If the manufacturer is offering repairs, which is most likely, the notice should name local dealerships that can do it.

Most recall repairs will be provided for free. If a dealer refuses a recall repair or tries to charge you, contact the car’s manufacturer.

NHTSA and manufacturers issue recalls after receiving enough consumer complaints about a vehicle’s defect to investigate it. Sometimes, a factory worker or supplier uncovers a problem in the manufacturing process that leads to a recall. NHTSA says, “If the agency receives similar reports from a number of people about the same product, this could indicate that a safety-related defect may exist that would warrant the opening of an investigation.”

How Do You Find Out About a Recall?

When a recall is issued, the manufacturer must send an official recall notice in the mail. Your car’s dealership may post recall notices. National and local news may also cover major recalls.

NHTSA has an online search tool that can tell you whether a vehicle has been recalled and what to do about an existing recall if you enter a Vehicle Identification Number (VIN) or license plate number. NHTSA’s free SaferCar app (available in Apple IOS and Google’s Android formats) sends alerts to users who have entered vehicle information. App users can also sign up for general recall alerts via email.

What Happens If Your Car Is Recalled?

A Los Angeles car owner who receives a car recall notice should:

• Verify the recall. Use NHTSA’s online search tool or SaferCar app or check the manufacturer’s website.
• Contact your dealer. Schedule a service appointment with a local authorized dealer from the manufacturer to have the recall repair completed.
• Gather documentation. Keep a copy of the recall notice, service appointment confirmation, and any repair records for future reference.
• Consider alternative transportation. If the recall poses a safety risk, explore alternative transportation options while your car is being repaired.

If a recalled defect requires a repair, it may take time for dealerships to be informed and equipped to make repairs. Sometimes, a recall notice will advise you to be on the lookout for a second notice to advise you about making repair appointments. In some cases, a software update is all that’s needed, and the recall notice will provide instructions for doing it yourself.

What to Do If You Experience Problems with a Car Recall Repair

Having to have your car repaired is inconvenient. But in most cases, it resolves the recall issues and ensures your vehicle is safe to drive. If car repair work is ineffective, you need to follow up with the dealership or others until problems with your vehicle are made right. You should:

• Contact the dealership. Let the dealership know you have a vehicle that was recalled and that the problem continues after bringing it in for repairs. Ask them to inspect your car again and repair the problem.
• Contact the auto manufacturer. If the dealership cannot resolve the issue, escalate your concerns to the manufacturer’s customer service department.

• Contact NHTSA. To complain to NHTSA about a failed recall repair (or any problem with a vehicle that could be a safety defect), contact the Vehicle Safety Hotline at 888-327-4236 or file a complaint online through the NHTSA website.

At each step, be prepared to provide details about the recall, the repair attempts, repair invoices and other documentation, and the ongoing issue with your vehicle. For a complaint filed online, you will also need your Vehicle Identification Number (VIN).

When Should I Consider Legal Help After a Car Recall?

When you find that the dealership cannot repair a problem with your vehicle that was the subject of a recall, your car may be a “lemon” – and you may have options to resolve it. A motor vehicle qualifies as a lemon under California law if a warranty-covered defect significantly impacting its use, value, or safety continues after a reasonable number of repair attempts by the manufacturer.

A successful Lemon Law claim may require the manufacturer to buy back the vehicle. They may also have to compensate the car owner for any related expenses, such as money spent on repairs, towing, and alternative transportation.

At The Barry Law Firm, we’ve helped thousands of California consumers take advantage of the protections offered by the state’s Lemon Law. If you have a vehicle under the original manufacturer’s warranty that has defied repair attempts — with or without a recall — we can help you understand your legal options.

And, if we pursue a successful Lemon Law claim on your behalf, the law requires the vehicle manufacturer to pay your legal fees. We never charge car owners for our help, no matter the outcome. If we can’t obtain a recovery for you, we don’t get paid.

How Can a Car Recall Affect a Lemon Law Claim?

You don’t automatically have a lemon after getting a recall. However, if you pursue a Lemon Law claim, evidence of your car’s recall may be able to help your case by:

• Providing proof of the defect – You must first establish that a problem with the vehicle exists. The manufacturer’s recall notice is indisputable evidence of the vehicle’s defect and its scope.
• Establishing repair attempts – Following the recall notice’s instructions for repairs demonstrates your effort to resolve the issue through the manufacturer and all your repair attempts. As you seek repairs, keep copies of all work orders, invoices, and correspondence with the dealership’s service center and personnel.
• Determining the timeline – You must also prove that the defect started and you tried to resolve it while under the manufacturer’s original warranty. Evidence such as your official recall notice can help clearly establish when the problem began.
• Showing the severity of the issue – The problem must significantly affect the vehicle’s use, value, or safety, which a recall can help with. For example, a vehicle safety recall may clearly show that the car is no longer safe to use. Even a non-safety recall may prove a loss in value.

If you suspect you have a lemon after a car recall in California, reach out to an experienced Lemon Law attorney. They can review your circumstances and determine if you have a valid Lemon Law claim – and how evidence of your car’s recall can support it.

Call Today for a Free Consultation About Your Car Recall

After your motor vehicle has been recalled due to a safety defect, you need to take the notice seriously and follow instructions for having your car repaired. If repair work is unsuccessful, you have additional rights – potentially including a refund of money spent on your defective vehicle under California’s Lemon Law.

The Barry Law Firm can help you exercise your rights under the California Lemon Law. If you have questions or concerns about a car recall in Los Angeles or failed attempts to repair your vehicle, contact The Barry Law Firm today for a fast and free consultation.