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TOTAL (AUTOMOBILE) RECALL

By Christopher Warne, Esq.

Whether your car came from Japan, Germany, or Detroit, you may be worried that it is on a recall list. The recent recall of over six million vehicles by Toyota, along with similar campaigns by Honda, Hyundai and General Motors, have generated a cloud of uncertainty for car owners. Millions of car owners have therefore been left to wonder not only if they are affected, but what their rights are if they have a recalled vehicle sitting in their driveway. Listed below are some of the more common questions encountered by the attorneys at WCC&E regarding these issues, and some general guidelines applicable thereto.

How Do I Know If My Car Has Been Recalled?

By law, manufacturers are required to notify all owners of recalled vehicles by mail. Manufacturers obtain owner information from state Department of Motor Vehicle ("DMV") records. Unfortunately, this system is not perfect: if you have recently moved, or your car is registered to a company, family member, or an old address, you may not receive notice. If your car is leased or financed by an outside bank (not affiliated with the manufacturer), the finance company is required to forward any notice it receives within seven days. During the massive Toyota recall, media outlets reported that some owners were even told their cars were not on a recall list by their dealer and/or the manufacturer. That said, all recalls are required by law to be filed with the federal government. If you are unsure of whether your car is on a recall list, or if you think your dealer or manufacturer has wrongly determined your call has not been recalled, an attorney at WCC&E can quickly confirm whether a recall has been issued for your vehicle.

What Are My Rights if My Car is Recalled?

A recall does not waive your right to bring a lawsuit for damages, including a legal action for personal injury, unreimbursed costs for repairs, depreciated vehicle value, or other damages that you may have incurred. A recall does give you additional rights, but your time to exercise those rights may be limited. The law also provides manufacturers with a reasonable time to design a solution after discovering a problem, and a reasonable time to repair recalled vehicles. If you feel you have been injured, your vehicle was not fixed correctly, or the manufacturer is delaying the repair of your vehicle, contact us immediately to discuss your options.

I own a recalled Toyota. Is it a “Lemon”?

Probably not. Recalled vehicles are rarely lemons. California has tough consumer protection laws, including strict “Lemon Laws,” that are designed to protect consumers when a manufacturer cannot provide a solution to a recurring problem. By introducing a recall, the manufacturer has shown that it can provide a remedy. However, if you have a problem that has not been recalled, and the dealer has been unsuccessful at repairing the issue, you may have a lemon. The California Lemon Law applies not only to safety issues, but any problem covered under a manufacturer's warranty. Making a claim under the Lemon Law is complex and limited from the time of purchase. Do not wait to investigate the steps you may need to take to file a Lemon Law claim.

UNDERSTANDING YOUR RIGHTS

Will I Be Notified of All Defects?

Probably not. Federal safety law only requires manufacturers to notify owners of safety defects. Safety issues involve defects which pose an immediate risk to the motoring public, and not issues which are merely inconvenient or expensive to repair. Many serious and expensive defects do not fall under this category. Manufacturers are not required to notify owners of recalls relating to other expensive and important equipment. Numerous recalls are made for non-safety issues and/or convenience items such as air conditioners and radios, items that wear prematurely and unexpectedly (like suspension and brakes), or other mechanical annoyances like excess oil consumption or reduced transmission life.

Unfortunately, many consumers pay for repairs that should have been covered under a recall campaign. If you took your vehicle to an independent repair shop for maintenance or repairs, that shop may not have known that the parts it replaced were covered by a recall program. Likewise, a consumer may have paid for a repair that was later covered by a recall campaign.

What if I Already Paid to Fix the Problem?

By law, a manufacturer is required to reimburse any owner who paid to repair a problem that was recalled thereafter. However, your right to collect reimbursement is limited. The manufacturer is only required to reimburse repairs made for a limited time before the recall is announced, and only for 30 days after the last notice was mailed. Therefore, it is crucial you contact the manufacturer immediately upon discovering that you have paid to repair a defect subject to a subsequent recall.

Should I Watch For Any Other Particular Recall Notices?

Tires are one of the most important pieces of safety equipment on your car. The tire manufacturer, not the automobile manufacturer, is responsible to notify you of tire recalls. Unlike automotive safety defects, consumers frequently are not notified of tire recalls, as tire manufactures do not rely on DMV records. Although automobile manufacturers are required to register the tires sold on new cars, tires are replaced frequently, often with a different brand or style.

For this reason, Congress has mandated tire registration as a safety protection. Federal law requires tire dealers to either register tires purchased with the tire manufacturer, or provide the purchaser with a registration card. The dealer must provide every customer with a pre-addressed tire registration form completed with the serial number(s) and brand of tire sold, the selling dealer name and address, and the date of sale. Unfortunately, many non-chain tire dealers merely provide the purchaser with a blank registration card; the burden is then shifted to the consumer to complete and mail the card to the manufacturer. Even worse, there is no process to verify the current owner's information if the vehicle is sold, or the owner moves.

What If I Have A Problem That Hasn't Been Recalled?

Every recall starts with one complaint. Toyota built millions of vehicles before its now-infamous accelerator problems were discovered. If you believe you own a vehicle with any issue, your rights may be time-sensitive. Wasserman, Comden, Casselman, and Esensten, LLP has been successful in numerous automobile related cases. If you have been personally injured, suffered property damage, been forced to pay for unnecessary repairs, of feel you have discovered a defect in your car, contact an attorney immediately to learn more about your rights.

Licensed in Hawaii and California, Christpher Warne (cwarne@wccelaw.com) came to WCC&E with a background in hedge funds and capital management. Christopher has worked on class actions, business and real estate litigation, and federal and state appeals.