Piering Law Firm
Practice Areas and Legal Definitions

Safety Recalls for Cars and Motorcycles

Recalls: What happens when a defect in your vehicle creates a safety hazard?

Recalls for cars have been in the news lately following Toyota's unfortunate safety problems. When a hazardous defect is discovered in a line of vehicles -- a manufacturing flaw that affects a make and model manufactured in a certain year, for example -- owners are entitled to notification of the defect and a chance for a free fix, called a recall. Read on to learn how the recall process works, what remedies are available for recalled vehicles, how to search for recalls affecting your vehicle, and what to do if the manufacturer doesn't meet its responsibilities under the recall.

What Is a Safety Recall?

A safety defect in a car, motorcycle, or other vehicle is usually discovered by the vehicle's manufacturer or the National Highway Traffic Safety Administration (NHTSA), sometimes after complaints from vehicle owners. When a manufacturer or the NHTSA discovers a safety defect in a particular car, motorcycle, or other vehicle, the manufacturer must notify vehicle owners of the problem and provide the opportunity for a remedy, such as a free repair.

Safety recalls are governed by federal law. In general, the law defines a safety defect as a problem that: poses a safety risk in motor vehicles, and exists in a group of cars or other vehicles of the same design or manufacture (or equipment of the same type and manufacture).

Defects that are not related to safety are not covered by federal law and are not subject to recall. However, non-safety-related defects could form the basis for a product liability claim or lawsuit.

Safety Recall Procedures

Whether a safety recall is initiated by the vehicle manufacturer or ordered by the NHTSA, the manufacturer has a duty to contact owners of the recalled vehicle. Federal law requires that the vehicle manufacturer take a number of steps in connection with a safety recall -- including filing a public report, searching for affected owners, and sending out notification letters.

File a public report of the safety recall. This report must identify the vehicle or equipment that's affected by the recall, and also must contain a description of: the defect and the danger it could pose; the major events that resulted in the recall determination; the remedy available to vehicle owners, and a schedule for the recall
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How to Find Out About Recalls

Sometimes consumers suspect their vehicle might be subject to a safety recall, but they haven't received a notification letter. To find out if your car has been recalled, contact the NHTSA. They'll have records of all recalled vehicles and equipment, and of ongoing and closed investigations.

Call the NHTSA's Office of Defects Investigations at 888-327-4236.

Access the NHTSA's list of recalled vehicles and equipment at www.nhtsa.dot.gov.

Check the NHTSA's defect investigation reports (again, at www.nhtsa.dot.gov). These web pages list ongoing investigations into alleged safety defects and investigations that have been closed after a determination was made to recall or not recall the vehicle.