Affected By Takata Airbag Recall? Know Your Rights

May 5, 2016
By: Robert Silverman

The Takata Airbag Recall has been expanded by federal officials, bringing the total number of recalled cars to 69 million. If you’ve been affected by the Takata Airbag Recall, you don’t have to drive a dangerous vehicle – know your rights and ask your dealer for a free loaner car.

KDKA’s Susan Koeppen (CBS Local, Pittsburgh) reports that the NHTSA is adding up to 40 million airbags to the ongoing Takata Airbag Recall, bringing the total to 69 million vehicles. Experts say if your car or truck needs to be fixed, it is important that you take action immediately.  Watch the report here: Feds Expand Takata Air Bag Recall

Bob Silverman, consumer attorney and partner at the Lemon Law Firm of Kimmel & Silverman, agrees, suggesting, “If you don’t feel safe, you should bring your car in immediately – whether it’s a Honda or a Toyota or a Chrysler… and you should say, ‘I don’t feel safe.’”

Due to defective Takata airbags, more than 100 people have been injured, and at least 10 have been killed. The problem? The airbag inflator has a “propensity to rupture,” sending shrapnel through the airbag and into the vehicle occupants.

With so many vehicles requiring repair, only 8 million have been fixed to date, and reports are saying it could take years to complete.

Affected consumers with recalled cars have been advised to take specific action:

Ask For A Free Loaner.

Because repairs could take years to complete, federal officials are encouraging consumers to contact their dealer about a loaner car.

“You shouldn’t just park your car and not use it,” says Silverman. “Demand a loaner – a comparable loaner – just as good of a car as the one you’re giving up. If they don’t give it to you, then you might have a claim.”

Document Everything.

It is also essential that you document everything.

“[The dealer] should give you a repair order, whether they can do it or not,” says Silverman. “[The repair invoice] should say ‘Customer states: Airbag recall, doesn’t feel safe.’ And it should say, ‘Parts on order: Will call when available,’ ‘Parts on order: Here’s our ETA.’ And you shouldn’t leave the dealer without that piece of paper.”

Be Careful Buying Used.

Believe it or not, dealers can sell used cars without telling you whether the airbag has been fixed.

When buying a used vehicle, write down the VIN and contact the manufacturer directly to ask if the airbags have been fixed before you buy the car.

Know Your Rights Under The Lemon Law / Federal Warranty Law.

If the vehicle is out of service an extended period of time, and you are not provided a loaner comparable to your current car, SUV, or truck, you would be entitled to recourse under State Lemon Laws and/or Federal Warranty Laws.  If this is happening to you, please contact us to discuss the situation and if/how we can help.

For a list of all vehicles affected by the Takata Airbag Recall, visit NHTSA.gov.