Auto Experts Note, No Such Thing as a 'Voluntary Recall'

December 30, 2010

Virtually every motor vehicle recall ever issued has been described by the manufacturer as "voluntary." The reality is that there's no such thing as a voluntary recall.

The New York Times reports that carmakers have no choice when it comes to recalls. If they don't "voluntarily" recall defective cars, pick-up trucks or SUVs, the federal government immediately forces them to do so.

A Meaningless Term

Safety consultant Allan Kam told the Times that word "voluntarily" has little meaning when it comes to recalls of defective vehicles. "It's like saying I voluntarily paid my income tax," he said. "I did it because the law requires me to."

The National Traffic and Motor Vehicle Safety Act mandates automaker recalls. It says manufacturers must notify the National Highway Traffic Safety Administration (NHTSA) and consumers of defects, as well as recall the vehicles.

Executive director of the Center for Auto Safety Clarence Ditlow said, "They really have no choice." If a manufacturer refuses to recall vehicles, the NHTSA begins legal proceedings, forcing its hand.

Acting Responsibly

Early this year, Toyota paid a record $16.4 million fine after the NHTSA said it hadn't lived up to its responsibility to act promptly to protect consumers.

Consumers have a responsibility to protect themselves also. When a vehicle owner receives a recall notice in the mail, it's best to quickly schedule the free repairs to make the vehicle safer to drive.

If vehicle owners don't get repairs done, they not only run the risk of an auto crash resulting in injuries or fatalities, but they make it much more difficult to convince a court that the manufacturer should be held liable for the damages they've incurred.

The NHTSA says about one third of all recall notices are ignored. Some notices simply don't reach the current owner of the vehicles, but in other cases, people disregard opportunities to get free repairs of dangerous defects.

You can find motor vehicle recall information at the NHTSA's website. Your auto dealer will also have current information about recalls of your vehicle.

After a Defect Causes a Crash

Unfortunately, automakers are too often slow to react to accounts of problems with their vehicles. They wait to act until after reports of accidents, injuries and deaths have come in. For victims harmed by the flawed vehicles, a recall is simply too little and too late to help.

If you or a loved one has been hurt in motor vehicle crash involving a design flaw or manufacturing defect, contact an personal injury attorney in your area experienced in product liability cases and wrongful death litigation.

Article provided by Fiol & Gomez, P.A.
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