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Who’s Liable When a Recalled Car or Truck Causes a Crash?

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Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C.

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Written/Reviewed By:

Barry S. Kantrowitz, Esq.

Last Updated: Oct 13, 2020

Read Time: 4 mins

When a recalled car or truck causes an accident, liability may extend to the owner of the vehicle, the car dealership, and the vehicle manufacturer as well. Sometimes it can be challenging to determine who is legally at fault for a collision. Still, the good news is that New York and New Jersey car accident attorneys typically provide free consultations to explore your options following serious injury. The best lawyers work with investigators and respected experts to uncover what happened and who is responsible.

Is the driver liable after a recalled motor vehicle crash?

A recall occurs when a government agency or manufacturer observes a defect, pervasive safety issue, or failure to meet basic standards in a product like a motor vehicle. Once a recall is announced, vehicle owners are typically notified by mail with a full explanation of the defect and risk. The company agrees to replace the faulty parts at no charge to vehicle owners, usually by returning the vehicle to the dealership where it was purchased.

The trouble is: nearly a third of recalled vehicles never get repaired because the owners worry about repair upsells, can’t afford to be without a car, or have uncertainty over the importance of the repair. No one can compel a person to fix a dangerous vehicle. However, the failure to initiate repairs after knowing of the safety hazard can put the driver at risk of liability.

When is the manufacturer liable for a recalled vehicle’s accident?

Vehicle manufacturers are responsible for designing and creating vehicles that are safe to use. In some cases, manufacturers have sent recall notifications but failed to provide the dealers with the necessary parts to complete the repairs. This is a clear case of manufacturer liability.

Even if the manufacturer fully repairs, replaces, or refunds a recalled vehicle, you can still file a product liability lawsuit– if the vehicle defect was the direct cause of an accident. On the other hand, if you knew about the recall but continued to drive after the fact, you may be able to recover some compensation with the help of car accident lawyers, but not the maximum.

Is my car dealer liable for my recalled car accident?

Sometimes a dealership can be liable for recalled car or truck accidents. Federal law prohibits new car dealers from selling unrepaired recalled vehicles. In some states, it may be illegal to sell a used car with unrepaired recalled parts. Other states may allow a dealer to sell a recalled vehicle, so long as the new owner is notified and allowed to initiate repairs themselves. Dealers can also face liability if they refuse to honor a recall.

What to do if your crashed vehicle was recalled

A recall– while valuable evidence– is not an automatic presumption of guilt or liability for a particular accident. Plaintiffs must establish certain facts of the case in court– notably that the crash and injuries were directly related to a known hazard. Auto manufacturers often hire strong legal defense lawyers to point out when the recall notice was sent, prove that the vehicle owner was sufficiently warned of the dangers, and assumed responsibility for any hazards arising from driving an unrepaired vehicle.

What to do if your vehicle was not recalled, but you suspect a product liability issue

If you noted a vehicle defect before the crash, you could contact the NHTSA’s Vehicle Safety Hotline. You can also “file a complaint” under the “defects and recalls” section at www.SaferCar.gov. Sending a written complaint to the Office of Defects Investigation is yet another step you can take. While reporting your vehicle can lead to a safety recall and protect others, it will not pay for your medical bills or lost wages. For that, you will need to contact a personal injury attorney with product liability experience.

Call Car Accident Lawyers in New York or New Jersey for a free consultation

Contact Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., to connect with an experienced car accident lawyer in Rockland County, NY or Bergen County, NJ. Our team has experience successfully litigating against manufacturers like Honda, Hyundai, and GM for recalled vehicles. Consultations are always free. A legal fee is payable upon the successful resolution of the case.

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   Kenny Perlow 
 28 days ago
 
 
 Trustindex verifies that the original source of the review is Google. KGG Law, and Barry Kantrowitz in particular, set the bar high for what a thorough, practical, strategic, compassionate and smart lawyer can be. Everything about Barry's advice and representation was exemplary and the stress mitigation that resulted was invaluable. On top of that, the ultimate result Barry achieved was beyond what was reasonable to expect and we are forever grateful. Often, people say that you hire a lawyer to prevent a problem. Sometimes, unfortunately, you need an attorney to solve a problem and I could not recommend Barry and his firm any more highly in that regard.
  
 
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 92 days ago
 
 
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 95 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I had a wonderful experience working with Sam Smith. He was very responsive, thorough, and easy to work with from start to finish. He walked me through everything clearly and made what started as a very stressful situation for me into something completely manageable. I would not hesitate to recommend him and the firm!
  
 
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   Mike Sakmann 
 101 days ago
 
 
 Trustindex verifies that the original source of the review is Google. I sought legal advice regarding an employment matter and had an excellent experience working with Sam Smith, Esq. at KGG Law. Sam was thorough, attentive, and took the time to listen carefully to my concerns before providing clear, thoughtful guidance. I appreciated the professionalism and care shown throughout the process, and I would confidently recommend KGG Law to anyone in need of legal assistance.
  
 
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   Liz Hecker 
 107 days ago
 
 
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 130 days ago
 
 
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   Mike Greenspan 
 143 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Kate Carballo is a dedicated, passionate, and creative attorney whom I had the pleasure to lecture with at a state trial lawyer's conference. Kate's lecture demonstrated how she uses her innovative and "out-of-the-box thinking" to achieve outstanding results for her injured clients. That Kate is certified by the Supreme Court of New Jersey as a civil trial attorney is a testament to her skills, experience and commitment to excellence.
  
 
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   Jonathan Sampson 
 150 days ago
 
 
 Trustindex verifies that the original source of the review is Google. Was referred to KGG law by a friend and could not have asked for better legal representation. They walked me through every step of the process after my accident and began every call with “ how are you feeling” which was just one example of how much they care about their clients. They handled my case very efficiently, professionally and courteously. My attorney Kate Carballo was a rock star! So clearly experienced, she consistently made me feel at ease with the process. Highly recommend
  
 
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   Vinnie Kung 
 153 days ago
 
 
 Trustindex verifies that the original source of the review is Google. We had a great experience with the team at KGG Law. While it was a traumatic time for our family, they made it very easy for us and explained all of our options. They even performed due diligence to make sure that after our settlement, there would be no further issues which I think is even more important than the settlement itself. Thank you!

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Who’s Liable When a Recalled Car or Truck Causes a Crash?

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