Knowing Your Case: How a Vehicle Recall Can Affect Your Claim
The hassle of vehicle recalls can sometimes feel frequent and often. Sometimes these recalls are minor adjustments to the vehicle. Other times faulty airbags, defective windshield wipers, or issues with the braking system are major problems. Regardless of the severity of your recall, defects have been known to cause injuries or deaths.
Car accidents caused by manufacturer defects give the owner the option of filing a products liability claim against the vehicles manufacturer, distributor, or seller. Typically, manufacturers or dealerships will use multiple ways of communication to alert owners of a vehicle recall. However, failure to notify the vehicle owner of a recall does not automatically make the manufacturer or dealer responsible for the accident.
If the vehicle has a defect that is issued for recall, the owner must prove that the defect caused the accident. Again, this does not necessarily hold the manufacturer responsible.
The vehicle owner must prove the vehicle was due for recall, and the owner never received notice of said recall. Even if the vehicle is defective and the owner was not contacted about the recall, the manufacturer still may not be responsible. For instance, a vehicle with a turn signal malfunction that the driver is unaware of rear ends a vehicle when failing to stop. Since the accident was the driver’s error, the manufacturer is not responsible. However, in the same scenario, if the product defect was a faulty braking system, the owner of the vehicle may be able to file a product liability claim.
The attorneys at Kimmel Carter have extensive knowledge involving motor vehicle accidents. If you have been involved in an accident you feel is due to a product recall that you were unaware of contact legal counsel.