Vehicle owners and drivers who have been hurt in accidents involving defective automobiles that have not been recalled should be aware of their legal rights and options. Legally, some accident victims may be entitled to file a product liability claim, with which a Florida product liability attorney at Searcy Denney can help you. There are several ways to look up vehicle recalls. If you have a recalled vehicle, it’s always best to have the recall resolved before you end up involved in a dangerous situation. 

What Happens if You Miss a Recall?

According to the National Highway Traffic Safety Administration (NHTSA), only 70 percent of recalled vehicles are ever fixed. This means thousands of vehicles are on the road with open recalls and defects on any given day. Most of this is due to owners simply ignoring the recall. However, some owners often never get recall letters or notifications. People move or buy used vehicles with open recalls and never know it. That being the case, it is clear that automakers need to make serious improvements on their notification systems, but owners are responsible for checking for recalls and taking their vehicle in for necessary changes until then.

As an owner, you are encouraged to be as proactive about recalls as you are with other car maintenance. When you go to get your oil changed, check online for any open recalls on your vehicle. There is no time limit on getting a recall fixed, and most dealers should honor the recall and fix your car for free. The only exception is that if your vehicle is older than 10 years at the time of the recall, the dealer may charge a fee to fix the vehicle. Regardless, you should still make the necessary changes or contact the automaker directly and let them know your situation.

If you’ve been involved in a car accident due to a defect and missed a recall, this could change things altogether. Most states have a set time to bring a lawsuit (known as a “statute of limitations”). If you were properly notified of a recall and chose to ignore it, the automaker may argue you should not be compensated due to your negligence. However, if it can be proven that you did not receive a recall notice, the automaker could be held liable for failing to notify you or not timely initiating the recall.

Ways to Look Up Recalls

There are various ways to check and see if your car has been recalled — some are easier than others. These include:

• NHTSA has a reasonably reliable tool on its website where you can check for relevant recalls by typing in your VIN. Your VIN can be located:
  • On the driver’s side dash
  • Inside driver’s door
  • On registration or insurance card
• Call your dealer.
• Contact www.retails.gov.
• Contact AutoCheck.

It is quick, easy, and essential to resolve any vehicle recall issues before you find yourself in an accident. It may provide a defense against your claim.  

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