The National Highway Traffic Safety Administration (NHTSA) sets out the requirements for vehicle manufacturers to issue recalls when safety standards are not met. Since the Administration came into effect over 390 million vehicles, 66 million defective auto parts and 46 million cars have been recalled. While these numbers are impressive what happens when your vehicle has been recalled and the manufacturer clears the vehicle to drive, but the defect is not resolved and you are involved in a car accident?Generally, a recall warning goes out to the owners of certain products that possess defects that could cause harm. Such warnings may come by way of registered mail or email. In the warning mail or email the individual has the option to take the item to the manufacturer or a retailer that will fix or refund the price of the purchase. Vehicles involved in the recall usually provide a free-of-charge repair for the defects due to the possible injurious functions with the defective part. The manufacturer will repair or replace the problem and then let the owner take the vehicle back. This usually resolves the issue with little complication during or after the repair process.
One article states the following when it comes to injury and property damage after a vehicle recall; “When the recall does not fix the problem specified in the defective issue within the recall paperwork or the issue increases and harms the driver, a passenger or causes additional property damage, the owner of the vehicle may need to contact the manufacturer to make amends immediately. The recall should resolve the matter, but there are rare instances where the car still suffers the same problem. When injured, the company may settle the issues out of court through a monetary compensation that is fair or reasonable to cover the medical bills and any additional property damage to the car. However, if this does not happen, the owner may need to hire a lawyer.”
A Crowson Law Group attorney stated the following, “Any injury that occurs because of the defect is usually the responsibility of the manufacturer. And because it is the manufacturer’s responsibility there is a high chance for the company to resolve any problems such as physical injury to the driver or any act of property damage from the defect. However, if the manufacturer fails to provide compensation for a remedy or refuses to resolve it and additional issues, a lawyer may need to communicate the matter with the business. In such a case the company may have damages to the owner of the vehicle to include pain and suffering for the defect.
Often it is necessary to pursue a claim against the manufacturer that fails to repair a defect in your vehicle and is not willing to or cannot resolve the matter. If an accident occurs which results in an injury or property damage it is necessary to contact the best Anchorage law firms focusing in personal injury matters to initiate a claim against the manufacturer. The subsequent property damage caused by the unrepaired defect and any physical injuries suffered by the driver and/or vehicle occupants should provide sufficient evidence against the manufacturer.
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