What You Need to Know about Car Safety Recalls
Oregon Car Recall Lawyers
Recalls can sometimes come too late. Read this article to protect yourself and your family.
Date: November 17, 2009
When we buy a car, we tend to assume it has passed the tests to be safe. We put our faith in the manufacturer to deliver a safe vehicle. And we usually don’t give much thought to possible defects, figuring that if we do our part – keeping the car properly maintained, driving sensibly, and paying attention to warning lights and engine noises – we can trust the vehicle to safely get us where we need to go.
But what if, through no fault of your own, your car suddenly explodes into flames? It happened to some unsuspecting Ford owners, as we reported on our website. What if, due to a defect, you find your accelerator won’t budge, and your car speeds out of control with no way to stop? That happened, too, and the results were horribly tragic.
Since 1966, according to the National Highway Traffic Safety Administration Office of Defects Investigation, more than 390 million motor vehicles have been recalled due to safety-related defects. And that doesn’t even include the equipment recalls, approximately 150 million of them, for things like child safety seats and tires.
According to Automotive Recalls for Consumers, there are currently 17,427 recall campaigns. An individual recall might affect a few vehicles, or hundreds of thousands. Ford, Chevrolet, GMC, and Dodge each have over 1,000 recalls. Listing all the vehicles and reasons would take pages. To illustrate: for the 1997 Ford Aerostar alone, there are three recalls, affecting 873,701 vehicles. One is for an ignition switch defect that could cause a fire (762,201 vehicles). Another is for a problem with the power train that could either start a fire or cause the vehicle to go out of control (75,000 vehicles). The third is for a speed control cable defect that might result in a stuck throttle (36,500 vehicles).
We assume that if our car has a safety problem or is subject to a recall, the manufacturer will let us know. Unfortunately, it’s not quite that simple.
For one thing, recalls are often initiated by consumer complaints. This means that, for many, by the time a recall is announced, the damage has already been done.
Second, recalls are not immediate; NHTSA conducts a screening and investigation process to determine whether a problem exists, and what to do about it. And even when NHTSA orders a recall, manufacturers can challenge it in court.
Finally, car owners may not be aware of a recall until it’s too late. That’s what happened to at least two Ford owners whose SUVs caught fire.
The Recall Process
According to FindLaw.com, minimum federal safety standards apply to all motor vehicles and equipment manufactured, or imported for sale, in the U.S. When a vehicle or piece of equipment does not comply with these standards, or when there is a safety-related defect, a recall becomes necessary.
Many recalls are initiated by manufacturers. Others result from NHTSA investigations. NHTSA may suggest a recall, or it may order one through the courts.
The recall process may also start because of safety complaints by car owners. How many reports does it take before an investigation is triggered? Well, according to NHTSA, “there is no established number.” However, if only one person complains, it’s much easier to attribute the incident to user error.
NHTSA says their technical experts review every report of a potential safety defect, and use an ongoing evaluation process to determine whether they represent isolated events, or might be a trend. If the reports – in NHTSA technicians’ judgment – do add up to a possible trend, an investigation is opened.
NHTSA’s Office of Defects Investigation then conducts a four-part investigative process.
- Preliminary screening takes place.
- Petitions are analyzed.
- The investigation is conducted, in two phases. The first step is a preliminary evaluation, during which the manufacturer is given an opportunity to present its views. If the manufacturer does not issue a recall, and ODI determines further analysis is needed, the investigation moves on to a “more detailed and complete analysis of the character and scope of the alleged defect.” ODI tries to complete this stage within a year.
- Management and monitoring of any recalls.
If NHTSA determines that a safety-related defect exists, and orders the manufacturer to recall, the manufacturer may go to court to challenge the recall. But NHTSA can also go to court to compel the manufacturer to comply.
Notification
Registered owners and purchasers must be notified, within a reasonable time, by first-class mail, of any determination of a safety defect, or of noncompliance. Names of vehicle owners are obtained from state motor vehicle offices. For motor vehicle equipment, like tires and child safety seats, manufacturers use lists of registered owners. In addition, manufacturers may be required to use other means, such as advertising, to alert the public to a recall.
Notification letters must include an explanation of potential safety hazards, instructions on how to get the problem corrected, and information on available remedies, including a reminder that corrections are to be made at no charge (unless the vehicle is more than 10 years old). If there is a court challenge, however, the manufacturer is not required to pay for corrections until the case is resolved. If you are notified of a defect while a court case is pending, you can have the vehicle repaired at your own expense; if the court upholds NHTSA’s decision, you might be entitled to reimbursement.
Even though notification is required, it is best not to rely on it. We’ve all heard the phrase, “The check is in the mail.” Many variables could influence whether you actually get notified of a recall.
The best way to stay informed is to:
- Visit the Office of Defects Investigations’ website, SaferCar.gov.
- Search their database for your car, or – better yet – sign up for email notifications of a recall.
You can also file a safety complaint and access information and resources. (Safety complaints can also be filed by phone at 1-888-327-4236.)
And if the worst happens, and you are injured because of a safety defect, remember that recall remedies are in addition to other legal remedies. You can still take legal action for any injuries you suffered.
Shulman DuBois, LLC, is located in Portland, Oregon, and serves clients in all Oregon cities and counties, including: Portland, Beaverton, Multnomah County, Hillsboro, Gresham, Lake Oswego, West Linn, Tualatin, Troutdale, Sellwood, Corvallis, Salem, Eugene, and Albany.