What to Do if Your Recalled Vehicle Was in an Accident

What Is a Vehicle Recall?

A vehicle recall occurs when a car manufacturer or the NHTSA determines a car has a safety issue that violates federal safety standards or poses a risk to owners and other road users.

A recall notice typically means the manufacturer must repair or replace the defective auto part, issue a refund, or, in extreme cases, buy back the car. Common reasons for vehicle recalls include:

• Faulty airbags (e.g., airbags that fail to deploy or explode upon impact)
• Brake system failures that cause sudden stopping issues
• Software or electrical issues leading to unintended acceleration or shutdowns
• Ignition switch defects that prevent vehicles from turning on or cause sudden stalling

If a vehicle recall is issued, it is crucial for the vehicle owner to act quickly to avoid potential car accidents caused by a defective vehicle.

How to Check If Your Car Has Been Recalled

If the NHTSA issues a recall for your vehicle, you need to verify whether your car is affected. Every car has a unique 17-character Vehicle Identification Number (VIN), which you’ll need to check your recall status. You can find your VIN in several places, including:

• Dashboard near the windshield (driver’s side)
• Driver’s side door frame
• Vehicle registration card
• Insurance documents

Once you have your VIN, you can check for recalls in one of the following ways:

• Through the NHTSA: Visit the NHTSA's website and enter your VIN or license plate into their lookup tool to see if your vehicle has an open recall. You can also sign up for recall alerts via email or mail
• Through your manufacturer: Most car manufacturers have a recall section on their website where you can enter your VIN. Some also offer recall mailing lists to keep vehicle owners updated
• At your dealership: If you're unsure or want a professional to verify, visit an authorized dealership for your car brand. They can check for active recalls and arrange necessary repairs or replacements

If you learn that your car has an open recall, your next step should be to contact your dealership immediately to schedule a repair or replacement for the defective part. Since recalls never expire, the car manufacturer is responsible for providing a fix, regardless of how much time has passed. Even if years have passed, the issue won’t resolve itself, and driving a recalled vehicle is an unreasonable safety risk for yourself and other motorists.

It's also important to know that you should never be charged for recall-related repairs. An authorized dealership or repair shop cannot bill you for fixing a recalled part, as vehicle manufacturers are legally required to cover the costs.

However, if you previously paid for a repair that became part of a recall, you may be eligible for a refund. Manufacturers typically offer reimbursements if the repair was completed at an authorized dealership and was performed before you received an official recall notice.

Who Is Liable for an Accident Involving a Recalled Vehicle?

The at-fault driver

Even if your recalled vehicle had a defective part, the other driver may still be liable if their negligence was the primary cause of the car accident. The responsible driver must cover damages in at-fault states, meaning the recall does not automatically shift liability. However, in no-fault states, your ability to file a personal injury claim against the other driver may depend on whether your injuries exceed the state's legal threshold.

State negligence laws can also influence liability. In comparative negligence states, you may still recover compensation even if the recalled defect contributed to the crash, though the amount may be reduced. In contributory negligence states, however, any fault, like ignoring a recall notice, could prevent you from recovering damages.

The driver of the recalled vehicle

If your recalled vehicle was involved in an accident, your level of liability may depend on whether you were aware of the recall notice and had a reasonable opportunity to address the issue. Failing to repair a known safety defect could make you partially or fully responsible for the crash, even if the defect played a role in the accident.

• Did you receive the recall notice? Manufacturers must notify car owners of recalls, but if your contact information is outdated or you purchased a used car, you may not have known about it
• Did you have enough time to get the repair? If the recall notice was issued well before the accident and you had access to a dealership for free repairs, you could be held accountable for not taking action
• Did the defect directly cause the crash? Your liability may not be affected if the accident was caused by driver error rather than the recalled defect. However, if the defect worsened the outcome, you may still have legal options

The manufacturer

A car manufacturer may be held accountable if the defective part led to the crash, especially if:

• The recall was issued too late or not widely communicated
• The repair solution was inadequate
• The manufacturer failed to meet safety standards despite known defects

This typically falls under product liability claims, which hold manufacturers, distributors, or retailers accountable for selling unsafe vehicles.

The dealership or repair shop

A dealership could be liable for knowingly selling you a defective vehicle without disclosing the safety issue. Similarly, a repair shop may be responsible if they fail to fix a recalled part, leading to an accident victim's injuries.

What If a Recall Was Issued After Your Accident?

You may still have legal options if you were in a car accident and later discovered that your vehicle was recalled. Many recalls are only issued after multiple crashes expose a defective part, meaning you may not have been aware of the safety issue at the time of the accident. However, just because the recall notice came after your crash doesn’t mean you can’t take legal action.

If the defective part directly contributed to the accident, you could file a product liability claim against the car manufacturer to seek compensation for your injuries, property damage, and other losses. Additionally, depending on your state’s laws, you may have the right to file a lawsuit against the at-fault driver if their negligence played a role in the crash.

What If No Recall Was Issued, but a Defect Caused the Crash?

Not all defective vehicles are recalled right away. If your car accident happened due to a mechanical failure, but no recall notice had been issued, you may still have the right to file a product liability claim. Some safety issues take years to be recognized, and manufacturers may not issue a vehicle recall until they receive multiple reports of failures.

Proving that a defective part caused your crash can be complex and often requires:

• A thorough investigation by a car accident attorney to establish a link between the defect and the accident
• Expert witness testimony to confirm the mechanical failure
• Vehicle forensic analysis to examine whether a faulty airbag, brake failure, ignition defect, or another issue contributed to the collision

Steps to Take After the Accident

• Seek medical attention: Prioritize your health and safety. Even if you feel fine, some injuries may not be immediately apparent. Seeking medical care also ensures proper documentation for insurance and legal purposes
• Call the police: A police report is crucial for documenting the accident and linking the recalled defect to the crash. Provide only the facts and request a copy of the report for your records
• Preserve evidence: Take clear photos and videos of the accident scene, vehicle damage, road conditions, license plates, and any signs of mechanical failure. Do not repair or alter the defective part until legal or insurance experts have assessed it
• Exchange information: Obtain contact details from the other driver(s) and any witnesses. If possible, ask if they noticed any mechanical issues with your vehicle before the crash
• Notify your insurance company: Report the accident as soon as possible, but do not admit fault until you understand the role the defective part may have played. Your insurer will begin an investigation based on the information provided
• Consult an accident attorney: A recalled vehicle accident can be legally complex, and proving liability may require expert analysis. An experienced car accident attorney can help you file a claim, negotiate with insurance companies, and determine if you qualify for a product liability lawsuit against the manufacturer or a personal injury lawsuit against the at-fault driver

Challenges in Proving Liability in Recalled Vehicle Cases

Proving that a recalled vehicle was the cause of an accident can be complex, as it requires substantial evidence to establish liability.

To hold a vehicle manufacturer accountable, you must demonstrate that the defective part directly caused the crash. This often requires:

• Vehicle forensic analysis to examine mechanical failures and determine whether the defect played a significant role
• Accident reconstruction experts can analyze crash dynamics, road conditions, and vehicle behavior to establish fault

Car manufacturers often push back against product liability claims by arguing that:

• Driver negligence, such as speeding or distracted driving, was the actual cause of the accident rather than the recalled defect
• The owner misused the car, failed to properly maintain it, or ignored the recall notice and continued driving despite knowing the risk

How to Protect Yourself from Recall-Related Accidents

• Stay informed: Sign up for recall alerts through the NHTSA or your vehicle manufacturer to receive notifications about safety issues as soon as they are announced
• Prioritize regular maintenance: Routine inspections and servicing can help identify potential defects before they cause a car accident
• Act immediately on recall notices: If your vehicle is recalled, don't delay. Contact your dealership right away to schedule the necessary repairs or replacements—they should be free of charge
• Check for recalls before purchase: Always run a VIN history report to see if the vehicle has any outstanding recalls that have yet to be addressed

Conclusion

A vehicle recall is more than just a notice—it’s a warning that your car may have a defect that could endanger you and others. Ignoring a recall notice or delaying repairs can lead to serious injuries, costly accidents, and complicated legal battles. If your recalled vehicle was involved in a collision, proving liability and securing compensation can be challenging, but you don’t have to handle it alone.

Whether the fault lies with the other driver, manufacturer, dealership, or repair shop, seeking legal advice from a lawyer can help you get the compensation you deserve. At YourAccident.com, we connect accident victims with experienced car accident lawyers who understand the complexities of recall-related claims, helping you get the compensation you deserve. And if you have any specific questions about accidents and the laws that surround them, we invite you to learn more through our insightful articles and to navigate the legal process with our step-by-step guides.