by ColeJustin » Fri Feb 11, 2011 07:58 pm
Just to better understand the way automotive recalls work, if you get into an accident, due to a recall AFTER a recall has been announced, may the auto maker still be subrogated against by the insurance company - or is issuing the recall how they avoid possible subrogation from future occurrences?
If you crash due to a recall and you find out about the recall later, is there a chance you can report this information to clue to remove an at-fault reporting? Will this depend on if the accident happened before or after the recall?
If you crash due to a recall and you find out about the recall later, is there a chance you can report this information to clue to remove an at-fault reporting? Will this depend on if the accident happened before or after the recall?
Posted: Fri Feb 11, 2011 11:43 pm Post Subject:
All this going to depend on the recall itself, it's origin, cause and effect. Often times, auto recalls are not announced until serious accidents and fatalities have occurred.
or is issuing the recall how they avoid possible subrogation from future occurrences?
May be. One of the problems with defective auto designs or parts is that the automaker has attorneys to protect them, going up against them alone is futile, and the person that does not understand the laws to protect vehicle owners against this kind of manufacturing will lose.
If you crash due to a recall and you find out about the recall later, is there a chance you can report this information to clue to remove an at-fault reporting? Will this depend on if the accident happened before or after the recall?
Depends. When a recall is issued, it is only done after there have been complaints made, it does not include people that have been involved in an accident that did not realize that it could have been caused by a defect.
Posted: Sat Feb 12, 2011 11:22 am Post Subject:
Hey Trench, it's great to see you here with a nice reply to such a crucial topic. Auto recalls would often create a lot of confusion. I've often wondered, but now it's quite clear.
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