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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

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18 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:


      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:

        • #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:

              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 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:

                      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.

                          • #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

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