The Best Ideas To Avoid Crashes Involving Cars With Open Recalls

May 23, 2019

When it comes to addressing recalled cars, the United States has seen some progress, according to Auto Remarketing. In 2017, there were roughly 63 million open recalls, and 57 million in 2018. This year, that number has dropped to 52 million – which is still dangerously high.

When driving on Pennsylvania roads, you could be within the proximity of a car that has an open recall due to a mechanical failure. Pennsylvania currently ranks fourth in the nation for having the most open recalls, at more than two million.

Last year, a new Pennsylvania law was passed requiring dealers to disclose open recalls to car buyers. While the dealer is also required to fix manufacturing defects free of charge, safety advocates worry that “formal disclosures” may be counter-intuitive to consumers. In addition, car buyers may be forced to wait for an extended period to have mechanical defects corrected.

This loophole may allow car dealerships enough slack to get away with selling dangerous vehicles.

Currently, federal law prohibits dealers from selling new cars with open recalls, but there is no such law regarding the sales of used cars.

Addressing an open recall

Recalls are often issued after a dangerous mechanical defect caused by flaws in manufacturing has been identified by the manufacturer or the National Highway Traffic Safety Administration (NHTSA).

In most cases, manufacturers or dealers will notify car owners of a recall by mail. Car owner may then schedule an appointment with a nearby dealer to have the mechanical defect fixed at no cost.

If you’re unsure whether your car has an open recall, you may enter your vehicle identification number (VIN) on the NHTSA’s website or download the myCarfax mobile app. You can find your VIN on the lower left of your car’s windshield, on your car’s registration card, or on your insurance card.

Who can be held accountable in a crash caused by car with an open recall?

If you were injured in a crash involving a car with an open recall, it’s important that you discuss this matter with an experienced car accident attorney as soon as possible. Determine who is responsible for causing the crash would require an extensive investigation.

In most cases, the car manufacturer, dealer, or parts manufacturer can be held accountable. If your crash was caused by another driver who knowingly failed to schedule a repair on a car with an open recall, it’s possible that he or she may be responsible.

Cases like this are often complex and overwhelming, leaving crash victims unsure of which course of action to take. The Pennsylvania attorneys at Villari, Giannone and Matteo possess a wealth of legal knowledge and real courtroom experience taking on negligent parties and their insurers. Contact us today to find out how we can help you.