Have you recently purchased a new car that is now being recalled? If so, then you may be wondering if this will affect your lemon law case. A recall does not automatically result in the car becoming defective and, as such, it is unlikely that it will change your chances of getting relief under the lemon law.
However, if the issue with your vehicle is related to one of those being recalled at this time or in future recalls for any reason including but not limited to safety concerns about airbags or steering wheels; then there would likely be grounds for compensation under California’s Lemon Law.
Why are vehicles recalled?
If the manufacturers or other vehicle monitoring entities discover that many of their vehicles have the same safety defects, they are required to deal with this immediately. The best way for them to do so is by issuing an official recall on behalf of themselves and free repairs will be made available if necessary as long as it hasn’t been too extensive already in terms of timeframes. If there was nothing wrong at all then you can still get your money back but chances are likely high enough where some formative action might need to be taken.
Automakers are constantly forced to recall vehicles due both voluntary and mandatory recalls. If a problem arises, manufacturers must notify NHTSA as well as vehicle owners about the safety flaw they may have found before taking corrective action at no charge for customers who bought affected models or components.
When is a recall necessary?
Federal Motor Vehicle Safety Standards (FMVSS) are a set of minimum performance requirements that affect the safe operation or protection against death and injury in case there is any crash. All federal standards are applicable to all vehicles and vehicle-related equipment manufactured or imported for sale in the United States (including U.S territories), except those that have been exempted by law.
Recalls are necessary:
- When a motor vehicle or item of motor vehicle equipment does not comply with Federal Motor Vehicle Safety Standards.
- When the vehicle or equipment has a safety related defect
The list of common recalls include, brakes and engine parts to transmission failure or even airbags. The recall problems with vehicles are typically tied to manufacturing defects and can affect any make or model of car.
What Is a safety-related defect?
Motor vehicle safety is defined in Title 49, Chapter 301 of the United States Code as “the performance of a motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a motor vehicle, and against unreasonable risk of death or injury in an accident, and includes nonoperational safety of a motor vehicle.”
A safety defect is an unsafe condition in a motor vehicle or item of equipment that could:
- pose a motor vehicle safety risk
- may be in a group of vehicles with similar designs or items from the same manufacturer.
Will a recall repair come under the lemon law claim?
While there is no specific number of lemon repairs that a car must go through before being considered “lemon“, it’s important to remember that recall repair attempts also count towards this reasonable amount.
Recall repairs are accepted as reason for an additional attempt on your end under California’s Lemon Law if you believe in filing suit against the manufacturer because they did not provide adequate customer services when addressing problems or issues with their products, even though these same visits don’t necessarily apply directly to regular warranty work done at independent shops who service customers’ vehicles instead.
The first recall repair can fail if the vehicle continues to have issues once repaired. If you are experiencing continual problems with your car or truck after a Lemon Law-related fix, it might be time for an attorney who specializes in these types of cases.
Can a lemon lawyer San Diego help?
Lemon law protects consumers from being scammed by car manufacturers. If you have purchased a vehicle and are experiencing severe problems with it, there is always the option of filing for Lemon Law protection. Lemon cases can be complicated. So an experienced law group can assist you on your behalf. working alongside them from start-to finish will ensure protection under the law and accountability by manufacturers as well.
There are limitations on when this law applies though so make sure to have your lawyer explore all of possible legal options before going ahead without seeking counsel first.