Automotive recalls occur when a vehicle manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a safety-related defect or failure to meet safety standards. A car defect or safety problem could increase the risk of a car accident. It is essential to understand automotive recalls and the steps to take after receiving a recall notice.
This article discusses consumer rights and protections regarding recalled vehicles under federal law and Georgia law.
What Is an Automotive Recall?
A recall means there’s a safety problem with a car or part, or it doesn’t meet safety rules. Recalls are typically initiated by manufacturers or mandated by the NHTSA to protect consumers.
Common safety-related issues that could prompt an automotive recall include:
- Faulty components that pose a risk of injury or accident
- Defective airbags that could cause unintended deployment or failure to deploy
- Electrical problems that may impact the control of the vehicle or its systems
- Defective brakes that could lead to a partial or complete loss of braking ability
- Fuel system defects that could lead to leaks and fires
- Steering malfunctions that may result in partial or complete loss of control
Any defect in a vehicle, its parts, or systems could create a dangerous situation. Failing to address an automotive recall can impact the outcome of a personal injury case. If the recall contributed to the injury or accident, it could affect liability for damages.
How Will I Know if My Vehicle Is Recalled?
Vehicle owners usually receive recall notices via U.S. mail from manufacturers if their vehicle is subject to a recall. You can also check recall status at any time by entering your Vehicle Identification Number (VIN) on the NHTSA recall website. Many dealerships and manufacturers also offer email notification sign-up services for ongoing updates.
Legal Requirements Concerning Recalls in Georgia
Several legal requirements under Georgia law protect vehicle owners and others in the event of a recall. Things to know about automotive recalls include:
Notification and Repair
According to Georgia Code §40-1-231, a vehicle owner cannot make available a vehicle for public sharing, such as in peer-to-peer car sharing, if it has an outstanding safety recall. If a recall notice is received, the vehicle must be removed from sharing programs until repairs are completed and documented. The owner must ensure the repairs are made before allowing the vehicle to be rented by another person.
Recalls Must Be Repaired Free of Charge
Manufacturers and dealers must fix recall-related defects at no cost to the consumer. If dealers refuse to perform recall repairs free of charge, they can be reported to both the manufacturer and NHTSA for enforcement.
Dealer Compensation for Recall Repairs
Georgia law requires franchised dealers to be compensated for labor and parts used in recall repairs, with the compensation regulated according to the state’s warranty reimbursement statutes. This requirement helps ensure dealers do not try to charge customers for recall repairs.
Lemon Law and Reacquired Vehicles
Georgia’s Lemon Law offers protection for vehicles with repeated defects, including some that may arise from recalls. If a manufacturer reacquires a vehicle under this law, strict disclosure rules apply for resale, including providing consumers with warranty activation and a detailed notice of the vehicle’s history.
Dealers must provide the specific “reacquired vehicle” disclosure form prescribed by the Georgia Attorney General to consumers purchasing or leasing a reacquired vehicle. The manufacturer is required to warrant the defect that caused the reacquisition for one year or 12,000 miles, whichever occurs first. It must also notify the Attorney General’s office that the warrant has been activated. Failure to comply is a violation of state consumer protection laws.
What to Do if Your Vehicle Is Recalled in Savannah, GA
If you are notified of an automotive recall, steps to take include:
- Check Your Vehicle’s Recall Status: Use the NHTSA online tool or contact your manufacturer.
- Schedule Recall Repairs Immediately: Recall repairs are required to be performed free of charge at authorized dealers.
- Retain Documentation: Keep all recall notices and repair records for your legal protection.
- Report Problems: If a dealer refuses to perform recall repairs free of charge, report this to the manufacturer and NHTSA.
- Seek Legal Advice: If you have been injured or damaged due to an unrepaired or defective vehicle, consult an experienced Savannah automotive recall attorney to discuss your potential claims.
By understanding your rights and the manufacturer’s obligations under Georgia law, you can ensure your vehicle is safe and legally compliant. You also protect your safety and the safety of others on the road.
Contact Bowen Painter Injury Lawyers for a Free Consultation With Our Savannah Product Liability Lawyers
Have you received a recall notice or been injured because of a vehicle defect in Savannah, GA? You may have legal options under Georgia law. At Bowen Painter Injury Lawyers, we help consumers hold manufacturers and dealers accountable when safety issues go unaddressed.
For more information, contact our experienced Savannah product liability attorneys at (912) 335-1909 to schedule a free consultation.
