At some point, you or someone you know has likely received a recall notice from your car manufacturer. Whether it’s for a small part or something more major, the manufacturer is legally required to inform you if the vehicle has a defect that causes it to not meet federal safety standards. In addition, they must repair, replace, or refund the affected vehicle part—or, in some cases, the entire vehicle. Sounds straightforward, right? However, there are times when manufacturers inform consumers but don’t have a solution ready. It’s like saying, ‘Hey, your car has a problem, but there’s nothing we can really do about it. Good luck.’ Automakers must follow strict protocols, which means sometimes recalls are issued while they’re still working on a solution.
Well why are things delayed? What’s the hold up?
There can be a number of reasons for the “hold-up.” Several factors can contribute to the length of time it takes to complete the recalls, including:
Availability of Replacement Parts: Remember, it’s not just you who is affected by this recall, but everyone else who received the recall notice. Trying to obtain the necessary parts for the vehicle, especially in cases where the part is specialized or in high demand, can cause an extended amount of repair time.
Severity of Damage: The severity of the issue being repaired also impacts the repair time. Not all recalls are created equal—things like software updates will be quicker to address than dealing with a malfunctioning engine.
Dealer and Workshop Load: The current workload of the dealership or repair shop can affect how long it takes for your vehicle to be serviced. High-traffic service centers often lead to longer wait times.
How Does This Relate to the Lemon Law?
Lemon Laws are designed to protect consumers from defective vehicles that cannot be repaired after multiple attempts. While these laws vary by state, they all focus on ensuring that buyers aren’t stuck with a vehicle that significantly impacts their safety, value, or use. Simply having a recall issue does not automatically constitute a Lemon Law claim. However, if the recall issue is unfixable and the vehicle has been in the repair shop for an extended period, it could potentially qualify for a Lemon Law case. In Arizona, if a vehicle has been in the shop for 30 days or more and the issue falls under the manufacturer’s warranty, the vehicle could qualify for the Lemon Law.
Documenting repair attempts related to the recall is crucial for vehicle owners, as it helps establish a record of unresolved issues. If the repairs do not fix the problem, these attempts may count toward the “reasonable number of repair attempts” requirement under Lemon Law provisions, allowing the owner to pursue a claim. Multiple recalls could strengthen the case by showing ongoing vehicle problems.
In addition to documenting recall attempts, it’s important for car owners to stay informed about the recall process. If your car is under recall, there are websites like the National Highway Traffic Safety Administration (NHTSA) or your manufacturer’s website that can help you stay up to date on any recall news and provide additional information on expected repair timelines.
Even if the recall issue is resolved, owners may still be entitled to compensation for additional costs, such as towing or rental car fees. Consulting a Lemon Law attorney is essential to ensure the proper steps are taken, which can increase the likelihood of a favorable outcome.
If you think you purchased a Lemon vehicle, the best advice is to consult with an attorney as soon as possible. Many people give up without ever contacting an attorney and are surprised to learn that the law allows you the right to hire an attorney for free. The law is there to protect you, but it only works if you take advantage of it—before it’s too late!
For more information, contact Hammer Law PLLC to speak with an experienced Lemon Law attorney at (888) 705-6067 or hammerlemonlaw.com.
Sources:
AutoInsurance.com. (2021, August 25). Car recall facts & statistics. AutoInsurance.com. https://www.autoinsurance.com/research/car-recall-facts-statistics/
DMV.ORG. (n.d.). Arizona Lemon Law. DMV.ORG. https://www.dmv.org/az-arizona/automotive-law/lemon-law.php
Ez Cleanup. (n.d.). How long do recalls take to fix? Ez Cleanup. https://ezcleanup.com/how-long-do-recalls-take-to-fix/
Lemon Law Firm. (n.d.). Vehicle owners’ recall rights. Lemon Law Firm. https://lemonlawfirm.com/vehicle-owners-recall-rights/
