How Do Car Recalls Affect Legal Claims?

Car recalls and lemon law have a lot of overlap.

Chances are, you’ve never heard of lemon law before; you’ve almost certainly heard something about car recalls. You probably remember Toyota’s notorious string of recalls back in the 2010s with the sticky acceleration pedal – or any other high-profile recalls.

Both lemon law and recalls deal with defects resulting from mistakes in the manufacturing process. From a general standpoint, recalls are very widespread affecting thousands (sometimes millions) of vehicles. Lemon law cases are typically more individualized.

Most car recalls don’t directly lead to lemon law cases. But understanding the distinction between them is crucial if you’re dealing with a manufacturer defect.

As a seasoned lemon law lawyer in California, I’m here to guide you through both concepts, clarifying their differences and intersections.

Understanding Car Recalls

Let’s start with recalls.

Car recalls are typically issued by manufacturers or the National Highway Traffic Safety Administration (NHTSA) when a vehicle model has a safety-related defect or fails to meet federal safety standards. Consumers file complaints about vehicles all the time. But if there is a large pattern in these complaints, it may trigger a mass recall in certain makes/models.

Recalls are about preventative measures, ensuring that the potential hazards are corrected before any harm can occur – or to minimize harm after the fact. Now, not every recall is a result of safety issues; some may address minor problems that don’t significantly affect the vehicle’s operation or safety.

Lemon Law Claims: The Basics

To reiterate, lemon law claims are more individualized – and do not involve widespread defects.

When a single consumer’s vehicle has a defect that impairs its use, value, or safety (while covered under the warranty) the manufacturer is obligated to repair the defect. If the manufacturer’s certified repair facility has made a reasonable number of attempts to fix the reported defect – without success – the consumer has the option to file a lemon law claim. This claim aims to reimburse the consumer for the cost of the vehicle and other collateral losses incurred.

These cases require consumers to negotiate a settlement with the manufacturer’s legal department – which requires the counsel of a lemon law lawyer.

When Recalls Lead To Lemon Law Cases

Again, most car recalls do not result in lemon law cases. However, there are some rare scenarios where a recalled defect could lead to such a claim.

If a recalled vehicle defect is not adequately repaired after several attempts or causes substantial problems that affect the vehicle’s use, safety, or value, a lemon law case could be viable (per your state’s lemon law).

Whether you’re dealing with a recall or lemon law claim, it’s essential to keep detailed records of all repair attempts and communications with the manufacturer’s representatives.

The Importance Of Acting On Recalls

Manufacturers are required to fix the recalled defect at no cost to you. If your vehicle is subject to a recall, you need to act quickly. Continuing to drive a defective vehicle is dangerous for you and other drivers – and is extremely irresponsible.

Affected consumers will receive a letter in the mail with the details of the recall and what to do next. Be sure to read this thoroughly and act accordingly.

How A Lemon Law Lawyer Can Help

Navigating the complexities of lemon law claims can be very overwhelming to the average consumer. The vast majority of consumers affected by a lemon are dealing with the process for the first time.  Global auto manufacturers have legal defense teams on retainer to fight lemon claims. Trying to negotiate a fair settlement without a skilled attorney on your side will be nearly impossible.

Some states – like California – extend lemon law rights to used vehicles. But the process is by no means easy. The best move would be to speak with an experienced lemon law lawyer in California to advise on the next steps. They will guide you through the process, ensuring that all necessary documentation is in order and advocating on your behalf for the best possible outcome.

Now, many people believe that lemon law attorneys are expensive. Manufacturers are required to pay for the consumer’s attorney fees as part of the settlement. This means most lemon attorneys work on a contingency fee agreement – and won’t charge consumers anything out of pocket to take the case.

In other words, anyone can afford an experienced lemon law attorney to fight for a fair settlement.

Gathering Your Documentation

For both recalls and potential lemon law cases, documentation is the most important aspect. Keep all repair orders, invoices, and correspondence related to the recall and any additional repairs. This documentation will be invaluable in building a strong case should you pursue a lemon law claim.

Additionally, keep track of all incidental costs. This would potentially include towing fees, cab fares, hotel stays, etc. If you move forward with a lemon law claim, these expenses would be factored in.

Steering Through Recalls & Lemon Law Claims

Whether you’re responding to a recall or navigating the challenges of a lemon law claim, education is your best weapon.

While car recalls and lemon law claims serve different purposes, they can intersect under certain conditions. Understanding these differences and how each process works is crucial for anyone facing a manufacturer’s defect. If you find yourself in a situation where a recall-related defect persists, having a seasoned lemon law lawyer on your side can make all the difference.

Stay informed, stay proactive, and ensure your rights are protected.