Although car dealers are warned not to sell new cars that are under an open recall, there is nothing stopping them from selling recalled used cars. A plaintiff is suing General Motors and FJH Cars, the dealer that sold him the vehicle, after the ignition switch failed, allegedly causing him to go off the road and crash into a tree. The plaintiff is blaming the two companies for putting him in harms way, arguing they knew the vehicle was under recall for defects the day that he bought it from them.
A safety recall is issued when a vehicle does not meet safety standards or when a defect is found. These safety defects are normally not found until consumers begin to complain to the National Highway Traffic Safety Administration. The recall system was created in 1966, and since then, the NHTSA has issued over 300 million recalls.
After a safety defect is found and a recall is issued, it is the manufacturer’s responsibility to contact the owners of the vehicles affected. Once contacted, the owners can bring the vehicle in for free repairs at any authorized dealer.
In 2015, AutoNation, the largest dealership chain in the country, announced that it would stop selling openly recalled cars. This announcement received positive reactions. However, less than two years later, the company rescinded its announcement due to the difficulty acquiring enough parts to fix the widespread Takata airbag recalls.
The National Independent Automobile Dealers Association is an industry group for used car sellers. According to them, a shortage in parts can make it impossible to fix certain cars that have been recalled. The industry encourages members to check for recalls and to disclose that information to buyers. However, they do not require members to fix defects before selling them to buyers.
In order to check if your car is on a recall list, you will need your vehicle’s identification, or VIN number. After you have it, you will want to enter it in the NHTSA’s online search lookup.
If you or someone you love has been injured while operating a recalled vehicle, you have options. The Columbia car accident lawyers at Chappell Smith & Arden, P.A. represent victims injured while operating a recalled vehicle. Our lawyers work hard to get you the compensation and peace of mind you deserve. For a free consultation, contact us online or by phone at 803-929-3600 or 800-531-9780.
We proudly represent injured accident victims across South Carolina, including those in the communities of Columbia, Aiken, Camden, Sumter, Orangeburg, Greenville, Florence, Beaufort, Irmo, Spartanburg, Myrtle Beach, Hilton Head Island, West Columbia, Rock Hill, Charleston, Lexington, Winnsboro, Summerville, and throughout Lexington County, Richland County, Sumter County, Charleston County, Aiken County, Florence County, Lancaster County, York County, Spartanburg County, Orangeburg County, Kershaw County, and Newberry County.