Recalled Vehicles Don’t Fix Themselves
A vehicle owner who knows their vehicle has a dangerous defect but fails to fix it may be liable for the injuries they cause. Vehicle manufacturers and the federal government have issued dozens of recalls affecting millions of cars and trucks, but many owners are not addressing the issue.
Satterley & Kelley, PLLC, advocates for our clients injured by others’ negligence, including those harmed by drivers who fail to maintain their vehicles safely. We will provide you with the skilled, aggressive legal representation you deserve. Learn more by calling our Louisville office at (855) 385-9532.
What is a Vehicle Recall?
A vehicle recall is a coordinated repair campaign to fix a safety problem affecting a group of vehicles. The manufacturer or federal government identifies a problem, develops a fix, and creates a campaign to reach all those who may be affected. The fix may be a replacement part, a software update, or just a revised label or warning. The issue concerns the design or production of a group of vehicles.
How are Owners Notified of a Recall?
When a manufacturer issues a recall, it may notify car owners using their contact information. It may mean a mailed notice, an email, or a text message. If the federal government, through the National Highway Traffic Safety Administration (NHTSA), orders a recall, manufacturers must mail notices to addresses obtained from state vehicle registration records.
Each recall notice contains the following information:
- The defect’s description
- An explanation of the risks due to the defect
- Any critical warning signs of the problem
- A description of the remedy, and instructions on how and when to have the repair performed
NHTSA tracks how well vehicle owners respond to recall notices. They may tell manufacturers that additional efforts are needed to reach vehicle owners.
NHTSA doesn’t require manufacturers to treat recalls differently, based on the level of danger, though owners may be more likely to address a problem described as more dangerous. The agency claims that if that were the case, it would increase the likelihood that defects deemed less severe would go unfixed. Manufacturers in a voluntary recall may describe the severity of the flaw to the point of telling owners not to drive the vehicle.
Can Vehicle Owners Be Forced to Repair a Recall Defect?
There’s no legal mechanism to force a repair. Everyone driving is legally required to operate a reasonably safe vehicle. There can be civil and criminal liability if a car is so unsafe that it causes an accident where someone is injured or killed.
How Many Recalled Vehicles Aren’t Repaired?
From 2015 to 2024, about 12 million vehicles were recalled just for safety defects that could prevent airbags from deploying. There were 37 such recalls, and about 2.6 million, or about 22%, of affected vehicles haven’t been repaired, reports the Wall Street Journal.
Due to the defect, an airbag may fail to deploy during a collision, resulting in more severe injuries. The Journal states they learned of 12 people killed in crashes because recalled, defective airbags are still in vehicles.
NHTSA data shows that about a third of cars recalled for all causes go unrepaired. That rate is the same no matter the severity of the safety risk posed by the defect. Kia vehicles are subject to an airbag recall, and 154,000 vehicles, or about 35% of those affected, haven’t been repaired.
Why Don’t Owners Get Their Recalled Vehicles Repaired?
There are many reasons why this could be a problem:
- People can’t take their vehicle to a dealer while they’re working
- Parts needed for repairs aren’t available
- People think the defect is unlikely to harm them, so it isn’t worth the effort
Some owners have contacted manufacturers to complain about the recall notices they’ve received and asked that they stop.
“That is a reality that we have to deal with,” said Tom Trisdale, Toyota’s group vice president of quality for North America. “I can’t explain it.”
Toyota vehicles are subject to airbag recalls. Since 2020, the company has contacted owners by email, mail, and phone calls. Toyota also hired an outside company that left recall fliers on 81,000 cars. The company states some vehicle owners have received as many as 29 different recall notifications. Despite these efforts, more than 700,000 Toyotas (about 24% of those recalled) are unfixed.
How Would Ignored Recall Notices Impact a Personal Injury Claim?
If someone drives an unsafe vehicle and its problems cause an accident and your injuries, they could be considered negligent, and they may be liable for damages (which would probably be paid by their insurance carrier). This is especially true if the cause is a defect that’s the basis of a recall, they received a notice, but they didn’t take steps to get it repaired.
Airbags have caused many recalls. If you’re driving your car and are injured because of a defective airbag, you may have a claim against the manufacturer because the vehicle may be considered unreasonably dangerous for its intended purpose.
If you get notice of defective airbags but don’t do anything to fix them, and are injured by them, your lack of action could dramatically reduce the damages you may receive. Kentucky’s comparative negligence law reduces compensation by the injured party’s fault for the incident. Your failure to take reasonable action may be considered a major cause of your injuries.
Ignoring a recall notice is not a good idea. There may be practical issues, like getting to a dealer for the repair or a lack of parts, but you should do your best to address the problem before something goes wrong and someone, maybe you, gets hurt.
Speak To A Satterley & Kelley, PLLC Car Accident Injury Lawyer Today
If you’re the victim of an accident caused by an unrepaired, recalled vehicle, Satterley & Kelley PLLC lawyers can protect your interests and rights to compensation. Schedule a free initial consultation to discuss your case. Call our Louisville office at 855-385-9532 or complete our contact form if it’s more convenient.