According to the NHTSA, “A recall is issued when a manufacturer or NHTSA determine that a vehicle, equipment, car seat or tire creates an unreasonable safety risk or fails to meet minimum safety standards. Most decisions to conduct a recall and remedy a safety defect are made voluntarily by manufacturers prior to any involvement by NHTSA. Manufacturers are required to fix the problem by repairing it, replacing it, offering a refund or in rare cases repurchasing the vehicle.” In 2017 alone there were over 30 million automobile recalls involving defective parts. When a company issues a recall they must notify their customers in order for them to take the necessary steps to have the product either repaired or replaced. However, at this point it is up to the customer to make the necessary arrangements to have the vehicle replaced or repaired.

In the event that a motorist fails to respond to the notice of recall and is involved in a car accident caused by the defective part that was recalled this may have a direct impact on the outcome of their personal injury claim. For a number of reasons some customers fail to act on recall notices from an automobile manufacturer. One article states that, “Some customers claim that they did not receive a recall notice in the mail. Others simply forget about the notice after receiving it in the mail, or they forget to schedule an appointment to have the repairs completed or to arrange for a new part to be installed.”

“One of the common things that occurs when a customer is involved in a car accident before he or she has made arrangements to have the defective part fixed is that the manufacturer or the dealer may try to put the blame on the customer. In most cases they argue that once the recall notice is sent the onus is on the customer to make sure the repairs are made.” However, there are a number of factors that determine the customer’s eligibility for compensation.

It is important to find out when the recall notice was sent and when the customer received it. Just because a recall notice was sent out does not necessarily mean that the customer received it. In the event that the customer did not receive the recall notice he or she cannot be held responsible for having the defective parts replaced or repaired. However, if an accident occurred within a day or so after receiving the recall notice this is not sufficient time for the customer to make an appointment and have the repairs made. Therefore, he or she would likely be able to get compensation.

Another important aspect is the clarity of the recall instructions. Recall notices must include clear instructions with regards to the necessary steps to be taken by the customer in order to resolve the problem. If the notice instructions are unclear or lack important information then the driver may not be held responsible for a lack of response to the recall notice.

In cases where the customer addresses every issue from the recall notice but is still injured in a car accident relating to the defective part it is likely that he or she is able to file a personal injury claim and receive compensation.

For legal advice and representation on accidents relating to vehicle recalls, contact car accident attorney handling such matters.

About the company:

Crowson Law Group is a law firm of renowned professionals who focus exclusively on personal injury matters. If you are looking for representation from top lawyers in Anchorage Alaska, be sure to include Crowson Law Group on your list.