What happens if you miss a recall?

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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.

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    7 Comments

    1. Glenette Smith on September 26, 2019 at 6:59 pm

      My daughter has a used 2008 Ford Escape it had a recall on computer in 2014 and Ford is saying they won’t fix it now, the car was not 10 yrs old in 2014
      Can you help us? I co-signed the car for her

      • The Cooper Firm on August 21, 2020 at 8:30 am

        Because the car is over 10 years old now, most manufacturers will not fix the recall for free. The recall was issued within 10 years of the manufacture date, but since the car is now beyond that, there are restrictions.

    2. Lolita Murray on October 26, 2019 at 2:26 am

      2 years ago I purchased a used 2008 Dodge Avenger from a car salesman. The car stalls when driving and stagnates on cranking. I took it to dealership in Plantation , FL their response was there was no recalls; however when entering my VIN# , theres a recall. I need to have any recalls repaired for the safety of others as well as my grandson & self. Please Help Me.

      • The Cooper Firm on August 21, 2020 at 8:27 am

        Lolita, you can print out the recall notice and bring it to an authorized Dodge service dealer. In most cases, they should honor the recall and fix at no charge. But keep in mind there are certain instances where after a reasonable amount of time (years), they won’t fix the issue for free.

    3. Patricia Bonenfant on January 17, 2020 at 12:05 pm

      Recall for repaint on 2006 Honda . Repaint was refused in time. Told I must be original owner, I accepted that and discovered two years later had been told an untruth. Stressed over this a long time . Surmised I would be refused again.but car finish has become so bad that nearly a year ago began attempting to have the work done. Have dealt with home office in Calif who instructs me not to go to Dover Honda, Dover NH and confront manager. Calif would handle.they of course have refused stating care is now too old. Car is in good condition except for finish.less than 100 K miles.
      I have kept all emails. Also can prove the day I requested recall work at Dover Honda. Had work done on that day.Have that worksheet with mechanics name. That mechanic, myself and a male friend who had joined me that day were witness to the Honda supervisors reply.
      Have gone to BBB and Consumer of N.H. Little luck there.
      Suppose I could try small claims court and hope for a good judge. Have even given TVs Judge Judy a shot or a write up in local paper with story and photos. One thing I do have is a lot of time ,a great imagination and persistence .

      Am eight eight female living on limited income. A repaint out of pocket is out of the question.

    4. Arlene Duprey on May 16, 2020 at 8:10 am

      I never received a recall notice #19V120000 for my 2016 Kia Soul. Last week I had an issue with loss of acceleration, had vehicle towed to Daytona Kia. I was told they could not come up with a code because the check engine light is Not on. (FROM reading reviews this Is Not unusual for this car). Also was mentioned the mileage, 119,000 & no longer warranty would Not be covered? Where does it stipulate that on recall notice? How Do I get this recall completely covered?

      • The Cooper Firm on August 21, 2020 at 8:23 am

        Arlene, we suggest two options. You can visit http://www.safercar.gov and enter your VIN or contact Kia directly for more information on whether this recall applies to your vehicle. Sometimes it only applies to certain vehicles in a manufacture year. If you want to contact Kia you can call 1-800-333-4542. Kia’s number for this recall is SC176.

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