The bad news usually begins in the same way. You get a letter in the mail from an automaker, and it opens with a sentence written in ominous legalese: "This notice is sent to you in accordance with the requirements of the National Highway Traffic and Motor Vehicle Safety Act." The letter goes on to explain that your car, truck, motorcycle or RV is being recalled for a safety problem.
In an average year, carmakers send more than 8 million such letters, and federal regulations demand that they all begin with the same sentence. When you get one, you have certain rights guaranteed by law.
Sometimes, however, a carmaker may offer to fix a problem outside the conventional recall process. In these cases--often known as "improvement campaigns"--you'll get a letter that's quite different. For one thing, it won't begin with that boilerplate sentence. For another, although the letter may urge you to bring your car to an authorized dealer for a repair, it probably won't mention federal laws and maybe not even a "defect." In an improvement campaign, your legal rights as a consumer become far fuzzier, and you rely instead on the cooperation of the manufacturer and the dealer.
In either case, you need to know how to respond--and how to handle potential trouble spots along the way.
Know Your Rights
In a vehicle recall, federal law requires a carmaker to do three things:
•Describe the problem and its possible consequences. Essentially, the manufacturer must admit that a design or manufacturing defect has created a safety hazard and explicitly spell out the danger. In other words, you need to know exactly what might happen if you don't correct the problem.
Recently, for example, General Motors had to explain that a troublesome bearing in the rack-and-pinion system on some models could lead to unpredictable steering and cause a crash. Honda had to explain that worn electrical contacts in an ignition switch could cause many of its models to stall unexpectedly in traffic.
Federal recall provisions don't apply to non-safety-related items such as air conditioners, paint or items that are subject to normal wear and replacement, such as shock absorbers and batteries.
•Offer a free fix. The manufacturer must correct the problem at no charge to you if the vehicle is 10 years old or less. Also the carmaker must tell you how much time the repair will take.
•Reimburse you for previous repairs. If you've already had the problem fixed before the recall, the manufacturer will reimburse you. Of course, you have to show receipts.
To send official notifications, automakers track you down through state motor vehicle records. That way, they're more likely to reach all owners--including those who may have bought the vehicle from a private seller, for example. But even if you don't receive an official notification in the mail and simply hear about a recall on the news or by some other means, you're still entitled to a free repair.
Finally, you have help in overcoming hurdles along the way. For instance, if a dealer's service manager balks at repairing the problem for free, you can appeal directly to the manufacturer (the letter includes a toll-free number) or to the National Highway Traffic Safety Administration (888/327-4236).
Not Really a Recall
In a so-called improvement campaign, you have none of those legal rights. Not that a dealer would deny you a repair; manufacturers usually initiate improvement campaigns to avoid the embarrassment, paperwork, expense and potential litigation often involved in a recall.
"In an improvement campaign, manufacturers don't have to admit that their product is defective," explains Sherry Kuntz of Strategic Safety, a Washington, D.C.-based research and investigation firm, "and they can still claim to be safety leaders in the industry. And, of course, it can be more advantageous to the manufacturer in the event of litigation because they can defend themselves by saying there was no safety defect and no one forced them to recall."
Although improvement campaigns do offer to fix problems for free, safety advocates claim that they allow manufacturers to sidestep admission of a product defect and soft-pedal possible safety consequences. As a result, they hardly inspire consumers to rush to their dealers to get the problem fixed.
"Consumers are less likely to respond to an improvement campaign than to a formal recall that they know is related to a safety defect," says Kuntz.
Ultimately, whether you have the rights of a formal recall or merely the "good will" of the manufacturer in an improvement campaign, you have the responsibility to get the problem fixed.








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