What happens if you miss a recall?
With only 70 percent of recalled vehicles ever being fixed, according to the National Highway Traffic Safety Administration, there are thousands of vehicles on the road with open recalls and defects today. Some of this is due to owners ignoring recalls. Another large part is that owners never get recall letters or notifications. People move or they buy used vehicles with open recalls and never know it. Automakers need to make serious improvements on their notification systems, but until then, owners are responsible for checking for recalls and taking their vehicle in for necessary changes.
As an owner, try to be proactive about recalls as you are with other car maintenance. When you go to get your oil changed, check online for any open recalls on your vehicle. NHTSA has a fairly reliable tool on its website where you can check for relevant recalls by typing in your VIN number. There is no time limit on getting a recall fixed, and most dealers should honor the recall and fix your car free of charge. The only exception is if your vehicle is older than ten years at the time of the recall, the dealer may not fix the vehicle for free. Regardless, you should still make the necessary changes or contact the automaker directly and let them know of your predicament.
If you’ve been involved in a car accident as a result of a defect and missed a recall, it could be a different story. Most states have a statute of limitations for bringing a lawsuit. It is always best to contact an attorney soon after your accident in order to protect your rights. If you were properly notified of a recall and chose to ignore it, the automaker may argue you should not be compensated based on your own negligence. However, if it can be proven you did not receive a recall notice, the automaker could be held liable for failing to notify you or not initiating the recall in a timely matter.
If you or someone you know has been injured as a result of a product defect associated with an automobile recall, contact our law offices today for a free consultation.