Prevailing Through Endurance

Can a vehicle manufacturer refuse to honor a recall?

On Behalf of | Jan 16, 2025 | Recalls

Vehicle recalls ensure consumer safety when defects or issues pose risks to drivers and passengers. However, some vehicle or parts manufacturers might put up some resistance when consumers seek repairs as part of a recall.

This raises the question of whether or not manufacturers have the right to refuse to honor a recall. Understanding your rights as a consumer can help you navigate these situations effectively.

The manufacturer’s obligation to honor recalls

Under federal law, vehicle manufacturers must address recalls by repairing the defect, replacing the vehicle or offering a refund. These actions are typically available at no cost to the consumer. California follows these standards, requiring manufacturers to comply with recall mandates set by the National Highway Traffic Safety Administration (NHTSA). Failing to honor a recall can result in penalties for the manufacturer.

When a manufacturer might refuse a recall

Manufacturers may refuse a recall repair for several reasons. If the consumer fails to bring the vehicle to an authorized dealer, for example, the manufacturer may decline to perform the repair. Similarly, if the defect occurred due to unauthorized modifications or misuse of the vehicle, the manufacturer might not be responsible for addressing the issue.

In some cases, manufacturers might claim that the recall does not apply to a specific vehicle. This situation can happen when a defect affects certain production batches or model years, and the consumer’s vehicle falls outside that group. Consumers can verify recall eligibility by cross-checking the vehicle identification number on the NHTSA website.

Steps to take if a manufacturer refuses to honor a recall

Consumers should document all communication with the manufacturer or dealership and gather evidence supporting their recall claim. Recall notices and inspection reports can be useful documentation when a manufacturer refuses to honor a recall. Filing a complaint with the NHTSA can prompt further investigation and potentially resolve the issue.

Holding manufacturers accountable for their recall obligations is an important part of vehicle safety. Take quick action when you face resistance during a recall, both for your own sake and for everyone else on the road.