If Your Car Is Recalled, Can You Return It?
A car recall usually involves the discovery of a safety defect that could compromise the vehicle’s performance. These recalls may affect everything from airbags to braking systems, and depending on the nature of the defect, manufacturers may offer repairs, replacements, or even refunds.
Knowing your rights in these situations ensures you don’t miss out on any options that could resolve the issue efficiently and protect you from further harm. In this guide, our personal injury lawyers will explain what vehicle recalls are, your legal rights when your car is recalled, and what you should do if a recall leads to an accident.
Understanding Vehicle Recalls
A vehicle recall occurs when a manufacturer or the NHTSA identifies a safety defect or non-compliance with safety standards in a vehicle. Under car safety law, when a recall is issued, the manufacturer must notify vehicle owners and offer a remedy: some recalls allow for a refund or replacement, while others only offer repairs.
Common Reasons for Car Recalls
Some of the most common reasons cars are recalled include:
- Faulty airbags (e.g., Takata recalls)
- Brake system failures
- Steering or acceleration defects
- Electrical issues that could lead to fire risks
These defects can lead to significant safety risks, so it’s important to address them as soon as possible. Manufacturers may recall cars due to manufacturing errors or design flaws, while other times it may result from faulty parts supplied by third-party vendors.
How to Check If Your Car Has a Recall
If you’re unsure whether your car has been recalled, follow these steps:
- Visit the NHTSA recall search tool and enter your Vehicle Identification Number (VIN).
- Check for recall notices sent by mail.
- Contact your dealership directly to confirm whether your car has been recalled.
What Are Your Rights in a Car Recall?
As a consumer, federal law guarantees specific rights when it comes to vehicle recalls. Manufacturers are required to fix any defects at no charge to the vehicle owner, but the available options may vary depending on the severity of the defect:
- Free repairs: Most recalls require manufacturers to fix the defect at no charge. This can include replacing faulty parts or making necessary adjustments to the vehicle.
- Replacement vehicle: If the defect is unfixable, a manufacturer may offer a replacement vehicle. This typically happens when the safety risk is too great, and the car can no longer be considered safe to drive.
- Refund option: Some car owners may qualify for a full or partial refund if the defect cannot be repaired.
These rights are in place to protect consumers, but it’s essential to know when and how to take advantage of them. If you’re facing a recall, a legal consultation with a professional can help guide you through the process.
Can You Return a Recalled Car?
The ability to return a recalled vehicle depends on the severity of the defect and the manufacturer’s policy. If the vehicle cannot be repaired safely, you may be entitled to a refund or replacement.
Some manufacturers voluntarily offer buybacks for high-risk defects, even if they’re not legally required to do so. In these cases, you may be able to return the vehicle for a refund or choose a replacement vehicle.
Additionally, if a defective vehicle cannot be repaired after multiple attempts, lemon laws may come into play. These laws allow consumers to return the car if it has substantial defects that affect safety or performance, typically within a set timeframe or mileage limit after purchase.
If you believe you deserve a refund or replacement, it’s important to consult with a car accident lawyer to ensure you understand your options and take the appropriate legal steps.
Steps to Take When Your Car Gets Recalled
If you receive a recall notice, take immediate action to address the issue by following these steps:
- Read the recall notice carefully to understand the defect and the potential risks.
- Contact an authorized dealership to schedule a repair or replacement.
- Keep records of all repairs, including receipts and communication with the dealership.
- Avoid driving the car if the recall is severe. In some cases, driving a recalled car could be dangerous.
If you were involved in a car accident where a vehicle defect from a recalled car played a role, you should file a police report as soon as possible. This official record provides key evidence of the defect’s impact on the crash and can strengthen your case if you decide to pursue legal action.
What If a Recall Leads to an Accident?
If a defective vehicle causes an accident, the manufacturer may be liable for the damages. You can take legal action against the manufacturer through a product liability claim, which may allow you to seek compensation for medical expenses, property damage, lost wages, and pain and suffering.
Under Colorado law, there are specific statutes of limitations that limit how long you can wait to file a claim. Typically, you must file your claim within three years of the accident, as per C.R.S. § 13-80-101. It’s essential to act quickly to avoid losing your right to compensation.
How We Help – Contact a Car Accident Lawyer in Colorado – 24/7 Available for Our Clients
If a recalled vehicle caused your crash in Colorado, you may be able to file a car accident claim. At Boesen Law, our team of experienced car accident attorneys is ready to help you. With over a decade of experience in personal injury law, we’ve helped countless clients secure hundreds of millions in compensation for their injuries and losses.
Our attorneys offer a free consultation to discuss your situation, and there is no fee unless we win your case. Contact a car accident lawyer from our team to get started.
