What if Your Recall Repair Fails or Causes More Problems?

Vehicle recalls typically occur when the manufacturer becomes aware of a defect or safety risk in a particular make and model. Although manufacturers are required by law to fix the issue that gave rise to the recall, repairs or replacement parts can sometimes fail — and you can end up with more problems than you had before. If this happens, you may be entitled to pursue a legal remedy.

What Are Your Rights if Your Vehicle is Recalled?

If your car is subject to a recall, you should receive a notice from the manufacturer in the mail. The letter will advise you of the problem identified in the vehicle, how it will be fixed, when the remedy will be available, and how long it will take. The recall remedy must be administered through an authorized dealership at no cost to you. If you previously had repairs made to your vehicle for the same issue that prompted the recall, the manufacturer must reimburse you for your costs.

Although a recall repair is free, the manufacturer determines the specific fix. Vehicle owners are not given a choice of remedy and they cannot choose an alternative. Specifically, manufacturers can select one of the following three options to correct the defect:

• Repair — The authorized dealership will perform any necessary repairs to the vehicle or the faulty part.
• Replacement — The manufacturer may agree to replace the defective part or provide you with a substantially identical vehicle.
• Refund — The manufacturer can choose to refund an owner for the purchase price of the vehicle, minus a reasonable depreciation amount.

If the manufacturer did not provide you with any of the above options, your legal rights may have been violated. Importantly, you must also be provided with information regarding who to contact if any issues arise during the recall process.

What Can You Do if There Are No Remedies Immediately Available?

Sometimes, a recall is issued for a known hazard, but the manufacturer is not ready to provide an immediate fix. In these cases, it’s essential to follow any instructions provided by the manufacturer regarding how to operate the vehicle safely in the interim. If you have no other option than to continue driving your car while you’re waiting for the recall remedy, the manufacturer may offer suggestions on how you can work around the defect.

If the recall is massive, you may not be able to get an appointment with a service technician for quite some time at your local dealership. If this happens, you should contact another facility to determine whether they have available appointments and replacement parts. Alternatively, you might be able to request a rental vehicle from the dealership to drive in the meantime — some manufacturers have policies that allow you to obtain a loaner car until the recall can be addressed.

Can You File a Lemon Law Claim if Your Recall Repair Fails?

If a recall fix fails or causes more problems, you might be eligible to file a lemon law claim. But just because a recall was issued, it doesn’t mean that your car automatically qualifies as a lemon. There are strict legal criteria that must be met under California’s lemon law to obtain a refund or have your vehicle repurchased by the manufacturer.

To prevail in a lemon law claim, your vehicle must have a substantial defect and fail to conform to its warranty. You must also allow the dealership several reasonable opportunities to fix the issue. In most instances, a problem that gives rise to a recall can be resolved by repairing or replacing a faulty part. However, when a vehicle satisfies the legal definition of a lemon, the problem is typically persistent or recurring — even after it has allegedly been fixed.

A vehicle can also be determined to be a lemon if it was in the repair shop for a total of 30 days or more, and the defect was not remedied. If the nonconformity arose within the first 18,000 miles driven or 18 months of its delivery, there is a legal presumption that the vehicle is a lemon.

Other Legal Options to Pursue When a Recall Fix Fails

In the event that the recall repair did not fix the problem and you incurred additional property damage due to the defect, the manufacturer may be held responsible. In such cases, the manufacturer may settle out of court to avoid exposure. Otherwise, you may be able to take legal action by filing a lawsuit if they refuse to compensate you for your damages. Similarly, if the manufacturer’s failure to fix the recall issue caused you to sustain bodily harm or injury, you might be entitled to file a personal injury action.

In addition, class action lawsuits are a common way to resolve claims against vehicle manufacturers. But it’s important to carefully consider whether your interests are best served by being part of the class. Depending on your circumstances, it might benefit you to opt out of the class action and pursue an individual claim.

Contact an Experienced Southern California Lemon Law Attorney

Dealing with a vehicle recall can be frustrating and inconvenient — especially if the repair was unsuccessful. If the issue wasn’t remedied after you brought it to the authorized dealership for the recall fix, you might be able to pursue a claim under California’s Lemon Law. The knowledgeable lemon law attorneys at The Ledbetter Law Firm can advise you regarding your legal rights and options.

The Ledbetter Law Firm works with clients throughout Southern California who have purchased lemon vehicles and assists them with obtaining the refund or replacement vehicle they deserve from the manufacturer. With offices conveniently located in Torrance and San Diego, California, telephone and video conferencing options are also available. Call (310) 878-0067 to schedule a consultation with a California Lemon Law attorney today.