When you purchase a new or used car, you expect the car to be safe and maintain its resale value. Of course, every vehicle owner should expect to replace certain parts or systems over time. However, too often, hasty manufacturers release a vehicle to market that has a defect. In many cases, especially where the defect impacts the vehicle’s safety, the manufacturer may issue a recall. However, if an auto defect doesn’t rise to the level of a recall, manufacturers often refuse to pay to fix the malfunctioning part or provide vehicle owners with a replacement.
Cars are incredibly expensive these days, and no one who buys a car should have to deal with a defect compromising the safety or value of their purchase.
No. Vehicle manufacturers do not issue recalls for all defects. In fact, barring rare circumstances, manufacturers are usually not required to issue recalls at all. Thus, typically, a vehicle manufacturer only issues a recall if the defect involves some aspect of the car or truck that impacts its safe operation. Sometimes, vehicle manufacturers will also issue non-safety-related defects if the defect is present in a large number of vehicles.
Auto manufacturers may be hesitant to issue a recall because doing so can be expensive. When a manufacturer recalls a vehicle, the manufacturer must pay for the necessary repairs. Thus, if a potential defect doesn’t impact the safety of a vehicle or doesn’t involve that many vehicles, the manufacturer may decide against issuing a recall.
Yes, auto manufacturers may be liable if an auto defect causes an accident. Often, this question comes up in the context of a vehicle that’s already been recalled. In this case, the fact that the company issued a recall could be used as a defense because the auto manufacturer will claim that the vehicle owner was on notice that their vehicle was recalled and that the company offered to pay for the repairs. However, when a defect that is not subject to a recall causes an accident, manufacturers cannot rely on this defense. Thus, all else being equal, a car accident caused by an unrecalled defect may be easier to prove.
If a vehicle has some defective part or system, the owner’s options are either to ask the dealership to replace the part for free or, if the dealership refuses, to pay for the repair out-of-pocket. Of course, technically, owners could also choose to do nothing and live with the defect; however, this is generally not advised because the defect could impact the safety of the vehicle.
The ideal situation is that you bring your vehicle to the dealership, and they agree to fix the defect at no cost to you. Unfortunately, however, vehicle owners are often not taken seriously when they bring in a vehicle with a potential defect asking for the dealership or manufacturer to fix it. Thus, many vehicle owners who do not want to continue to drive a defective vehicle are forced to pay out of pocket for the repairs.
This is where Console & Associates, P.C. can step in to help. Our team of auto defect lawyers can help you make a claim to the manufacturer in hopes of getting them to repair the defect at no cost to you (or provide you with a free replacement). If the manufacturer is unwilling to cover the costs, we can also advise you on your legal options, which may include filing a class action auto defect claim.
At the law firm of Console & Associates, P.C., our product defect attorneys can help. We assist owners who believe their vehicle has a defect that is not the subject of a recall and for which the manufacturer has refused to do anything about. We offer free consultations to all owners, regardless of the make or model of your vehicle. We will diligently listen to what’s been happening with your car and investigate if other owners are experiencing the same problem. Our attorneys can also help negotiate with the dealership or manufacturer on your behalf to get you the fully-functioning vehicle you paid for.
If you are driving a vehicle that has a defect that you fear impacts its safety, reach out to Console & Associates, P.C. At Console & Associates, P.C., we want to help in any way we can. While we may be able to convince the manufacturer to cover the repair costs, we are also prepared to file a legal case on your behalf. To schedule your free consultation, just call (866) 778-5500 today or fill out our secure contact form.
