It is not uncommon that when a vehicle has significant defects it may undergo a recall where the manufacturer repairs the matter and gives it the green light to be driven again but underlying defects remain even after the repair. If this is the case it is possible to seek further action or additional repairs from the manufacturer or involved company. But what legal options may be available to you if injury occurs as a result of the defective issue not being fixed?

Generally, a manufacturer sends out a recall warning to the owners of certain products that possess defects that could cause harm. The recall warning provides the individual with the option to take the item to the manufacturer or a retailer that will fix or refund the price of the purchase. When it comes to vehicles the recall usually provides a free of charge repair for the defect because of the ‘possible injurious functions’ with the defective part. Once the vehicle is brought to the manufacturer or a retailer it is repaired or replaced and the owner is allowed to take his or her vehicle back. In most cases the recall usually fixes the issue with little complication during or after the repair. The existence of free recalls is as a result of federal laws in place that give the owner of a product the right to repair and replacement of the defective part. The owner does not need to pay for the issue and the manufacturer will usually explain what type of fix is required. After the repair is complete the manufacturer will usually provide a date of repair as well as a contact number. The recall warning or notice is sent by mail and the owner is generally expected to contact the manufacturer for a date and time in order for the company to effect the repairs or replacement.

In the event that a recall fails to fix the problem specified in the defective issue within the recall papers or other issue arise causing the driver, a passenger injury or additional property damage; then the owner of the vehicle may need to contact the manufacturer to make amends immediately. “Generally, the point of a recall is to fix an underlying problem and not to create an additional one. However, there are rare instances where the car still suffers the same problem.” In cases where a recalled vehicle problem is not fixed and the driver, passenger or others are injured or property damaged as a result of the problem the company may settle the issue out of court by way of monetary compensation that is fair or reasonable in order to cover the medical bills and any additional property damage to the vehicle. However, if this does not happen then the owner of the vehicle may need to hire one of the best lawyers in Anchorage Alaska to represent his or her interests.

It should be noted that injury occurring because of the defect is usually the responsibility of the manufacturer. Often when the manufacturer fails to provide a remedy or refuses to resolve the second and/or additional issues that is when a lawyer may step in to communicate the matter with the company. Other compensation that may need to be paid for may include pain and suffering, and/or emotional trauma as a result of the injury.