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Affected By Takata Airbag Recall? Know Your Rights

May 05, 2016 By: LemonLaw Category: Car Buying, Consumer Rights, Kimmel & Silverman, Vehicle Recalls

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.

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 safecar.gov.


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39 Responses to “Affected By Takata Airbag Recall? Know Your Rights”


  1. #1 Nattalie says:

    I have a recalled Acura RDX 2014. I have a loaner car provided by Acura however my concern lies with my cars overall health. My car has been parked for 4 months now and I am concerned that this eventually will damage the vehicle, not being driven. Do we have a case for this? Can we open a case against Acura once my vehicle starts having problems? I would like to talk to someone regarding my concerns.

    • #2 Ken Kaminski says:

      Hello,

      I have a 2014 Ford Mustang that is under the recall. I do not feel safe driving this car after reading new reports that the risk is much higher than earlier claimed for death or injury if the air bag deploys. If my dealer and/or Ford refuses to provide me with a loaner car until the parts are available to fix (they told me the recall occurred last year in June 2015, and I’ve been waiting for a year now, they now claim the parts will be available in the 3rd quarter of 2016) – do I have a lemon law case here?

      • #3 LemonLaw says:

        @Nattalie: I recommend reaching out to a lemon law firm in your state to discuss the matter. We have been successful in claims where the mileage and age meet state lemon law parameters and the consumer is driving a loaner which is not comparable to their current car. You can find a list of lemon law lawyers by clicking here: http://www.lemonlaw.com/lemon-law-firm.html

        • #4 Joyce says:

          I have a small motorhome on a Mercedes Benz chasis that has the Takata airbags in it. You say to ask for a loaner. Is this something I am likely to get with a motorhome? Can I insist on this from Mercedes Benz or do I go to the manufacturer of the motorhome ~ Coachmen?

          • #5 LemonLaw says:

            @Joyce: I would start with Mercedes.

            • #6 Amber says:

              Hi,
              I purchased a 2011 Scion XB new in 2011. It was turned in to my local dealership in April 2016 due to the airbag recall & I was given a loaner (a corolla) which is no where near comparable in size…It’s now Jan. 2017 & still no mention of my Scion being fixed, having parts ordered etc. Please, please tell me that although my car is not one I’ve purchased or driven off the lot recently that I have rights as far as Toyota purchasing my car back at a great price as my Scion is nearly paid off. I do not see it fair to have to repurchase another vehicle for $25,000 if Toyota gives me $6,000 for my Scion & never have my car paid off bc of their screw-up. Please tell me that those of us with older purchases have right’s to Lemon Law & to be treated fairly.

              • #7 Dana Toland says:

                Hi! I have a 2013 BMW X1. I have been in a rental since June 2016. My airbag is in, and I pick up my car today. I was never comfortable with my car parked in my driveway for 7 months. I have repeatedly tried to trade in the old car. I was hoping that we could share the savings of them
                Not needing to pay for a rental. Do I have any recourse?

                • #8 LemonLaw says:

                  @Dana: It is certainly worth looking into. Visit http://www.lemonlaw.com/lemon-law-firm.html to find a lemon law firm in your state.

                  • #9 Susan Keleher says:

                    As Takata pleaded guilty, I wonder if I have legal recourse. I was not physically injured, but did suffer financial injury. I owned a 2002 BMW 325 XiT wagon with only 35,000 miles in 2016 as I only drove approx. 1,000 miles be year. Car was regularly serviced yearly at Herb Chambers BMW. Before instructions to get substitute transportstion, I cslled both BMW of North America and Herb Chambers BMW. Neither had any information, so in June 2016 I traded the BMW towards the purchase of a 2016 Honda at Herb Chambers Honda who told me there was s “No Sale Order” on the BMW and they could only give me $4,000 trade-in value. My BMW was in “very good” condition. In November 2016 a Mass. Insurance Apprsiser hearing my story told me I was screwed! New BMW 3 Series Wagons just like mine now sell for over $41,000! Do I have any legal recourse against anyone?

                    • #10 Kristin says:

                      Hello,
                      I was sent notification in July 2016 that my 2008 Lincoln MKZ was involved in the Takata airbag recall. I still have not been notified parts a available to fix my car it is now March 2017! I have called Ford and Lincoln who have no estimated time frame of when the parts will be available they tell me I will be notified by mail and they said they are not providing safe loaner vehicles in the meantime. I have also contacted my local dealerships who again state no parts are available and Ford has not authorized the release of safe loaner vehicles. What can I do?

                      • #11 LemonLaw says:

                        @Kristin: Have you sent a certified return receipt letter to Ford requesting an explanation?

                        • #12 Kris B says:

                          Hey there, I have bought a Mazda CX-7 from a third party and the vehicle has been affected by the recall, can I still go to a Mazda dealer and request a loaner? An I entitled to that? Or because since I bought it from a third party I don’t have any options but to drive the vehicle until the parts are available.

                          Thank you for your time.
                          K

                          • #13 George Biavati says:

                            today I received the recall for my 2012 Subaru outback which I purchased used a few months ago from a private individual.
                            The letter stated the danger involved with no parts available

                            It states if you are unable to preclude passengers from riding in the front passenger seat, please be sure to ask your Subaru retailer about possible options for alternative transportation until your vehicle is repaired. I immediately called and they said the list for cars to use was long and the part would be ordered.
                            Is Subaru being allowed to get away without furnishing a solution to each owner by telling me I am on a list for a car? What am I supposed to do?

                            • #14 Jason says:

                              My car has been at the dealer for over a year it was used corolla 2010 xrs an those are hard to find , i have a rental but the warranty i bought will now be no good an i still dont have a fix for it yet an i still owe alot on it , what can i do ? Can i tell Toyota to give me another car ?

                              • State: California
                            • #15 J C Jones says:

                              Toyota van (2011) has recall on front passenger airbag. Also has recall on both power side doors. They cannot tell when repairs will be done and will not furnish us another vehicle.

                              • State: TX
                            • #16 Marie Sandusky says:

                              Can the dealer refuse giving me a loaner? If so what is my next step as I don’t feel safe in my car.

                              • State: Florida
                            • #17 Rebekah says:

                              I am in the same boat as Kristen above. I have a 2008 Lincoln MKZ with the passenger air bag recall. I have spoken with Ford, and their position is these vehicles are safe to drive until the parts are replaced (even though their recall letter indicates if the air bag is deployed it could cause serious injury or death). No loaner vehicles or rental cars are being provided. My vehicle has been sitting for 15 months (since June 2016), and there is no ETA. Last thing I read online is that it may take until December 2019 for all of the replacement parts to be complete. Is there any recourse/compensation options available in these scenarios?

                              • State: Oregon
                            • #18 Carol says:

                              Our Audi A6 has a recall on passenger front airbag since may 2016. Audi corporate responds to my letters by saying “sorry and it is not safe to have a person in that seat”. Audi has no timeframe for repair. So the car sits for 1 1/2 yrs. in our garage. Dealership said they are not giving loaners. Sad

                              • State: Georgia
                            • #19 Gerry says:

                              I have 2010 MB E550, have asked both the dealer and MB USA for loaner or rental. Both have replied they don’t do that. Both have told me the car is safe to drive, but decline to put That in writing. I was told over a year ago I would get my replacement by the end of the year(2017). Well just got off the phone with MB USA and now it will not be until at least next year that MB will see any replacement airbags. This means the southern states will get them first so I won’t see my for at least another year. I stopped driving the car as soon as I received the recall notice as my life is worth more to me than it obviously is to Mercedes. Car has barely 18K miles. I can’t sell it for anything “realistic”
                              Do I have any recourse?

                              • State: NJ
                            • #20 Blake says:

                              I have a 2006 ford mustang and of course it has the takata, air bag recall..I just received a letter in the mail saying warning, do not allow anybody to sit in the passenger seat because airbag could suddenly rapture and cause injuries and death!!! Not only that but states that parts MAY be available for certain vehicles in spring of 2018!!!! I have a wife and a 9 month old baby and 5 year old daughter I have to transport in that car!!! What am I suppose to do??????

                              • State: In
                            • #21 Eduardo castaneda says:

                              Hi I have a 2005 mustang financed with my local dealer I am 2 months behind and recently got the recall letter from Ford can I call Ford or my local dealer for a loaner car? Please help

                              • State: California
                            • #22 Janet says:

                              The Dealer refuses to give me a repair order. What can I do?

                              • State: Ca
                            • #23 Cody Gamboa says:

                              Hello, I recently received a letter from Ford, with the airbag recall for my 2010 Ford fusion. My wife and I love our vehicle, and we need to be able to transport passengers, but now do not feel safe having anyone in the passenger seat. We contacted our local dealership and they did not have any loaner cars available, and told us to call ford customer service. Customer service explain that Ford can’t do anything to help us, and we have to wait until late spring of 2018 until they can get replacement parts. No way in hell am I waiting until the spring of 2018 to get my vehicle safe again, what actions can I take?

                              • State: Idaho
                            • #24 Glenn McGahee says:

                              Why isn’t this recall listed on your Carfax report when you investigate buying a used car? I purchased a used car from a pre-certified dealer recommended by my financial institution. I relied on the Carfax report when purchasing the vehicle. Nothing was said about the recall and it was not on my Carfax report. Seems I should have recourse. It does effect the Kelley Bluebook value after purchase and you can’t tell me that our insurance rates are not greater because they know we are driving a potentially unsafe car.
                              Now we receive a letter from Ford saying not to use the passenger seat. What?

                              • State: Florida
                            • #25 Michelle says:

                              I have a 2011 Lincoln MKZ with passenger seat airbag recall. Ford will not provide a loaner car and the earliest repair as you know is Spring 2018 and likely much later. What is my recourse? I called them and I also chatted online and have transcript of the conversation where they state they are more than happy to provide me with the mailing address for General Counsel so I can seek legal action.

                              • State: California
                            • #26 Elizabeth says:

                              My car’s interior was DAMAGED during the FIRST repair and now ANOTHER recall on the same airbag has been initiated.
                              I don’t want Toyota or anyone else messing and damaging the interior anymore.
                              Can I just get the depreciation value of the vehicle instead of an airbag fix?
                              I’m also sick and tired of the constant bullying and harassment from Toyota concerning this matter!

                              • State: NC
                            • #27 Robert H Ziemann says:

                              Received letter about defective airbag for my 2011 Fusion in July 2016, nowhere in the letter did it state that I needed to do anything. Checked Fords website stated car safe to drive. Fast forward to December 2017 Car has not ben repaired. Letter in bold print stated do not allow anyone to ride in front passenger seat. So for 15 months Ford put my wife in grave danger of serious injury or death. the car did not become more dangerious over those months. Oh and by the way their web site still said it was safe to drive. So whats my recourse, sit and wait, trade in for next to nothing? Car only has 65000 miles on it. Yes I’m way beyond p.o.

                              • State: SC
                            • #28 kevin says:

                              I purchased a used 2012 Mercedes e350 cabriolet from a third party in Florida and live in florida. Can I request a loaner car from mercedes in this situation?

                              • State: FL
                            • #29 LemonLaw says:

                              @Kevin: If it was purchased CPO from a Mercedes dealer, it is certainly worth asking.

                              • #30 Paul says:

                                Was in an accident (with a post)- truck went in for repair and I went to a rental. repair was estimated at 2 weeks but now here it is a month later and still not fixed due to lack of airbags and now my rental coverage has expired. Insurance will not extend rental coverage and repair shop says they do not need to give a loaner. So here I am without transportation. What do those that are indirectly affected by the recall to do?

                                • State: TN
                              • #31 Deb says:

                                Toyota sent me a letter stating the dealership will pick up the vehicle if I don’t feel safe driving it. The dealership refused. Toyota customer service responded by saying the dealership can pick up the vehicle, but will CHARGE me for towing it to and from the dealership. The letter states that the recall repairs are free and offer the pick up near the bottom of the first page. There is no mention of charges in the letter. Is this legal and proper?

                                • State: California
                              • #32 Renay says:

                                I got the letter that states my ford edge has a faulty passenger airbag. It also stated that ford will pay 30.00 dollars a day for a rental until the edge gets repaired. I have called several dealerships in the hopes of finding a car. They say they are out of their alloted rentals, what are my options? I dont want to drive the edge until it is safe for my family. Please advise…

                                • State: Michigan
                              • #33 Laura says:

                                I had my airbags replaces under the recall late last summer (the dealership said I was the 1st one they were doing). Now, appx 10 months later I started my car to run an errand and an airbag fault light came on. Would this still be something covered under the recall issue?

                                • State: PA
                              • #34 LemonLaw says:

                                @Laura: I would certainly contact the dealer. If you are still under a manufacturers warranty, the answer would be absolutely.

                                • #35 LemonLaw says:

                                  @Renay–Contact corporate and let them know dealers are not being cooperative.

                                  • #36 Taylor Jones says:

                                    I was forced to sign a paper at the dealership in order for them to put me on the order list for repair work to be done on my 2007 Ford Fusion. They were out of loaner vehicles but after some angry phone calls to corporate, they finally provided me a rental through Enterprise. Now I am understanding that I am responsible for the $20/day rental insurance for this rental car?? I pay $400/6 months for full coverage car insurance on my Ford Fusion which is paid off, and now I am expected to fork up $600/month on rental car insurance? Is there anything I can do about this? My car insurance doesn’t cover anything past 21 consecutive day rental and Ford said they are not paying it. It doesn’t seem right for Ford to put me in a situation of financial hardship due to the faulty Takata airbag. Help please!

                                    • State: NC
                                  • #37 Michael Nugent says:

                                    Hello, can GM refuse to fix a passenger airbag and windshield subsequently destroyed when the TAKATA deployed when parked at a convenience store with the driver still in the car. They will only give us ONE option, and that is for them to buy back the older model 2003 Pontiac Vibe. The bag destroyed the windshield making the car illegal to drive. GM and the dealership has not worked with us with a loaner or rental and this has progressed to 9 days. The car was not for sale before the TAKATA bag deployed and scared the heck out of my daughter! What is our recourse, should we contact a Lawyer? Thank You!

                                    • State: FL
                                  • #38 Valleska Alvarado says:

                                    I bought a Nissan 2014 that is on takata recall, the next day that I bought this car, the power steering was not working, I was on the FWY when my steering got hard and I couldn’t move it, I made it to the dealer and they fixed it, but know I don’t feel secure any more, is this a case for lemonlaw? Thanks LOL

                                    • State: California
                                  • #39 Richard Herrera says:

                                    Spoke to an agent on my recalled suburban due to the airbag. All the information I got from them was that my vehicle is safe to drive and rental vehicles are not provided. How is it safe to drive if there is a recall on a safety feature? I received the letter a year ago and supposedly GM is waiting on replacement parts. My vehicle is a family vehicle and I need this vehicle for daily use.

                                    • State: TX

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