Recalls and Lemon Law Claims. Is my Car Dangerous?

There are over 1,700 lives lost on a yearly basis on the nation’s highways.

If you want to review the recent recalls please check out the NHTSA site and search same.

Latest Recalls click Here

Recalls by VIN: Here

It is not disputed that traffic accidents are the number one danger to Americans who are under 34. It is guesstimated that the loss productivity, medical costs, expenses, etc., are in excess of $150 billion. There is a clear need for significant improvement in removing the unsafe automobiles from the streets of our country. The National Traffic and Motor Vehicle Safety Act provides that the Transportation or National Highway Safety Administration have the responsibility and the control to issue various vehicle standards, safety and otherwise, that apply to manufacturers with regard to the recall of motor vehicles for failure to meet federal safety standards.

There have been more than 390 million cars, trucks, buses, recreational vehicles, motorcycles and mopeds, in addition to in excess of 40 million tires and piece of motor vehicle equipment, that have been recalled due to safety defects. Many times the recalls are self-effectuated by the manufacturers; however, many times they are not enforced by the National Highway Transportation Safety Administration, also known as NHTSA. When and if a safety defect is learned about by the government, the manufacturer is required to remedy the problem at no charge to the owner of the vehicle. The government, through the National Highway Transportation Safety Administration, is responsible for monitoring the corrective action of the manufacturer.

2011 and 2010 Subaru Outback problems and NJ buybacks.
2008 Chrysler Town and Country problems and NJ buybacks.

A recall is necessary when either a vehicle or various items in the vehicle do not comply with the safety standards set forth by the federal government. Thus, when there is a safety-related defect on the vehicle or in the equipment, a recall is necessary. The federal government, through the Federal Motor Vehicle Safety Standards, has set minimum performance requirements for those aspects of an automobile which affect the safe operation - such as brakes, lighting and tires - or that provide protection for the operators and the riders in these automobiles from serious injury, death or permanent injury. Such an example would be air bags, safety belts, child restraints, energy-absorbing seats, steering columns and motorcycle helmets. The standards set forth by the federal government apply to all vehicles. These days, recalls on both used and new vehicles is very common. It looks as though we’re seeing millions of vehicles recalled on a yearly basis. The government is actually set aside a specific website to determine if a recall is in need of performance on your vehicle.

Recalls and can vary tremendously. There can be a piece of plastic that needs to get recalled. There can be a defective steering system that needs to get recalled. There can be a defective tire or set of tires. There can be defective lighting. Any part of the vehicle can be potentially defective. Recalls might be for safety issues or not safety issues. There across the board. When and if a recall does occur the manufacturer has a set of standards and notice requirements that there are required to implement. These standards and notice requirements are set in place to make sure that consumers with potentially dangerous vehicles get appropriate notice and have the chance to make repairs.

According to the government, a safety-related defect is one in which the performance of a motor vehicle or motor vehicle equipment is occurring because of the design, construction or performance of the motor vehicle and there is an unreasonable risk of death or injury in an accident involving that automobile or system. Therefore, in short, there is a defect which poses a risk to motor vehicle safety and this may exist in some type of group of cars of the significantly similar design or same design and manufacturer.

A government will make an investigation into complaints received, e.g., by consumers, and there will be a preliminary evaluation and engineering analysis. Preliminary evaluations, also known as PEs, are commenced based on information submitted to the government. This is not the only basis upon which they can be opened, but the most common. The government then obtains information from the manufacturer and makes an independent determination based on all the information they have, whether or not there is an issue with the car which might warrant a recall. The manufacturer has the opportunity to present its various views with regard to the supposed defects. Again, this investigation comes after the petition analysis, wherein the government makes the initial consideration if a further investigation is warranted. There is then an engineering analysis where the government conducts a more detailed and completes analysis of the type and nature of the alleged defect. The government attempts to resolve all of the engineering investigations within one year if possible, but it is likely that they would extend if they are complex. At the conclusion of the engineering analysis, the investigation might be closed but a recall might be issued through a letter to the manufacturer.

Please look to the following link to determine if there’s an act of recall on your vehicle.

The following site list the 8 most famous recalls of all time.

Be careful and do your own research.