Motor vehicle accidents take a toll on your mental, physical and financial health. Filing a personal injury claim may alleviate some of the financial burden. However, if your vehicle is part of a recall, that may help you receive more compensation or make it more challenging to file an accident injury claim.
How a vehicle recall may help your case
Vehicles are recalled for both major and minor issues. One of the most popular vehicles in Montana, the Ford F-150, has had eight vehicle recalls since 2019. The reasons range from issues with the windshield wipers to the truck’s electrical system.
Depending on the problem, the manufacturer may repair, replace, or refund your vehicle — at no extra cost. In addition to your injury claim against the other party and their insurance company, you may be able to also file a product liability claim against your vehicle manufacturer.
Alternatively, you may be able to seek damages from the dealer who sold your car if they knew the vehicle was flawed and did not disclose it.
How a vehicle recall may hurt your case
In the U.S., millions of vehicles are recalled each year. At the same time, millions of vehicles also go unrepaired — sometimes due to unawareness. Still, not knowing about the recall is not a valid excuse, especially in court.
If you find yourself in this situation, a vehicle recall may adversely affect your claim for personal injury and product liability. You may take on greater responsibility for the accident if you did not comply with the recall.
Remember that Montana is a fault state with a 51% Bar Rule. If your percentage of the fault goes to 51% or beyond, you likely will not receive compensation for your injuries.
Challenging but not impossible
Although a claim involving a recalled vehicle may be more difficult, you may still do it. Moreover, you may still receive your rightful compensation.
Consulting a personal injury attorney who handles motor vehicle accidents, especially one experienced in litigation, may help strengthen your claim. They can examine the circumstances of the accident and determine the viability of your case moving forward.
