4 Things to Note on an Accident Claim Caused by a Vehicle Under Recall

5 October 2018
 Categories: , Blog


If you have been injured in an accident caused by a vehicle under recall, you may use the recall information to pursue your compensation. However, you should know these four things before making such a claim:

The Recall is Not an Automatic Proof of Liability

The first thing you should know is that the mere fact that the car has been recalled due to a defect doesn't make the manufacturer liable for your damages. You must prove that the car was actually defective and that the defect led to your injuries. For example, if your accident was caused by brake failure, you won't be able to hold a car manufacturer liable for your damages if the car in question had been recalled for exploding airbags. If brake failure was the cause of the accident, then you need to prove that the brakes were defective to have a chance of holding the manufacturer liable for your injuries.

A Recall Doesn't Automatically Shield the Manufacturer from Liability

Just as a recall doesn't constitute an automatic liability, an issued recall also doesn't mean the manufacturer isn't liable for the auto accident injury. That is, a car manufacturer will not just escape liability by claiming to have issued a recall so the matter was now under the control of the motorist. A car manufacturer will still be liable for the damages under some circumstances, for example, if it issued the recall after the accident had occurred or if it did not do enough to contact the affected motorists.

The Driver May Still Be on the Hook

Although you may be tempted to go after the manufacturer because they have deep pockets, there are also cases where the driver of the affected car is the one to blame. For example, a driver who receives a recall notice but doesn't act on it is solely responsible for the accident the defect may cause. After all, car manufacturers can't force motorists to take their recalled cars back for repair.

You Are Likely to Require an Expert Witness

Lastly, you should prepare to hire an expert witness with this type of claim. Although hiring an expert witness isn't a legal requirement, it will strengthen your claim a great deal. Note that you will be required to prove that the car was defective, and that the defect is what caused your injuries. You need someone who understands cars thoroughly to help the court understand your allegations.