Automakers sometimes release vehicles with design or manufacturing flaws. Often, these dangerous defects in engines, airbags, brakes, or other vital components are discovered after vehicles have been sold or leased. This leads to manufacturers issuing recalls to address these issues (when financially viable). When a recall is announced, dealerships are generally obligated to repair or replace the affected vehicle at no cost to the owner. However, there are situations where a dealer might refuse to perform recall repairs, even if your car is under a recall notice. Keep reading to understand when dealerships might legally decline to fix vehicle defects under recall. For expert guidance on vehicle defects and your rights, especially in California, consider consulting a knowledgeable lemon law attorney.
Situations Where Dealers Are Expected to Repair Salvage Vehicles
There have been numerous reports recently about car dealerships denying recall repairs for certain vehicles. For example, NBC Los Angeles covered a story about a Hyundai owner who was refused recall service for his 2004 Sonata at a dealership. Despite federal law mandating manufacturers to cover safety recall repairs, the dealership refused, claiming the recall warranty didn’t apply to salvage title cars and the owner would have to pay for repairs himself. However, according to the National Highway Traffic Safety Administration (NHTSA), this dealership’s stance was incorrect.
Federal law indeed mandates that dealerships must cover the expenses of repairing defects subject to a recall. NHTSA clarified that a vehicle’s salvage title status does not automatically relieve the manufacturer of their recall repair obligations. As long as the vehicle is drivable and falls under an active recall, the manufacturer and its dealerships are generally required to fix it. In the Hyundai case mentioned earlier, the manufacturer eventually agreed to perform the repair after media attention.
When a Recall Can Exclude Salvage Title Cars: The Exception
While NHTSA’s general statement is accurate, it doesn’t cover all scenarios for salvage vehicle owners. As highlighted in reports by ABC10 News and other sources, recall notices can explicitly exclude “salvage vehicles.” In such cases, the recall is deemed “not applicable” to salvage title cars, and the manufacturer has no obligation to perform repairs. So, while a salvage title doesn’t automatically disqualify a vehicle from recall repairs, a specific exclusion in the recall notice can leave owners of salvage vehicles without recourse for recall-related fixes from dealerships or manufacturers.
Manufacturers might also deny recall repairs based on geographical limitations. Recalls can be issued for issues like rust caused by humid climates, and might only cover vehicles originally sold or registered in states with high humidity, excluding others. This introduces further complications for used and salvage vehicle owners. For instance, if you purchase a salvage vehicle in a humid state, but it was originally from a non-humid region, it might technically not be covered by a humidity-related rust recall, even if the rust issue now affects your vehicle due to your current location.
If your vehicle is subject to a recall and a dealership is resisting your right to get it repaired, seeking advice from an experienced lemon law attorney is advisable. Despite a dealership’s initial refusal, you might still be entitled to a free recall repair.
Seek Expert Guidance from a California Lemon Law Attorney
If you are facing issues with a recalled vehicle and are being denied repairs due to its salvage title, it’s important to understand your rights. A consultation with a seasoned lemon law attorney can provide clarity and direction. For dedicated advice and representation in California, the Nita Lemon Law Firm offers free case evaluations. You can reach them toll-free at 877-921-5256, submit your case online at www.nitalemonlaw.com, or email [email protected] for a prompt, personal review of your situation and legal options.
