BMW Issues Fire Hazard Recall

BMW is recalling over 1 million vehicles in North America due to a potential fire hazard. In what is actually two separate recalls, the automobile manufacturer is recalling 1.4 million vehicles in the U.S. and Canada, and is looking at potentially expanding the recall to other countries. The recall was announced on November 3, 2017.

According to Reuters, BMW announced the recall after meetings with the National Highway Traffic Safety Administration (NHTSA). The manufacturer is recalling 670,000 3-series vehicles from model years 2006-2011, and 740,000 vehicles from model years 2007-2011 including 128i vehicles, 3-Series, 5-Series and X3, X5, and Z4 vehicles. The first recall is due to a wiring issue in the heating and air conditioning system that could potentially cause the system to overheat and start a fire. The second recall is due to a valve heater that may rust, also potentially resulting in a fire.

The Chicago Tribune reported that BMW was first made aware of the wiring issue in 2008. There were no reports of injuries caused by the wiring issue from 2007-2014, but in 2015 BMW learned of a situation that resulted in injuries caused by the wiring problem. Regarding the issue with the valve heater, BMW first received a report in 2009 about an issue that occurred in 2007. Luckily, no injuries caused by the valve heater have been reported.

Vehicle recalls can be nerve wracking, but in both of these instances, the recalls are precautionary and the odds of a fire are small. The recall officially goes into effect on December 18, 2017. After that date, BMW has 60 days to notify drivers of the affected vehicles by mail, letting them know their vehicle is under recall. If you believe your vehicle is under recall but do not hear anything from the manufacturer, or want to be proactive about knowing the status of your vehicle, you can go to www.safercar.gov or www.nhtsa.gov/recalls and enter your vehicle’s VIN to see if it is under recall. Or, click on the button below.

All BMW dealers will repair wiring harnesses, valve heaters, and any other parts necessary to resolve the issues. Drivers can take their vehicles to any BMW dealer to have their vehicle fixed - it doesn’t need to be the dealer they bought the vehicle from. Drivers should be patient, as a recall as large as this will likely have a lengthy waiting list for repairs. Most importantly, drivers shouldn’t panic. BMW has not said that the vehicles are unsafe to drive, so drivers can continue to use their vehicles without worry of getting involved in recall related car accidents.

No matter how much research you put into purchasing your vehicle, or how well you maintain it, it is virtually impossible to predict or prevent your vehicle from being recalled. Recalls can be stressful, but they are a part of being a car owner.  By being proactive about checking your car’s VIN for recalls and paying attention to any mail you receive from the manufacturer, you can help prevent being involved in any recall car crashes. Should you find your vehicle under recall, remain calm, and learn what necessary steps need to be taken in order to repair your car to make it safe for you and your family.

Car accidents caused by mechanical failure and faulty defects are rare when compared to those caused by human error, but they still happen. If you or a loved one have been involved in an automobile accident which was the result of a recalled car defect, call The Michigan Law Firm, PLLC at 844.4MI.FIRM for a free legal consultation. Our attorneys are highly experienced in handling all types of motor vehicle accidents, including those caused by car recall defects. 

FTC Sued For Approving Used Cars With Recall Defects

The old adage, "it's too good to be true" comes to mind in the light the news that used cars sale representatives have been approved by the Federal Trade Commission (FTC) to sell used cars as certified, despite some of them having safety defects. Some of those defects include vehicles or parts under recall that have yet to be fixed. However, used car salespeople can still sell the cars as 'safe' or as subjected to 'rigorous inspection' vehicles just as long as they post a notice prior to the purchase of the vehicle stating that it may be under recall notice and by providing the buyer with the information to discover if the vehicle is under recall. 

CBS News listed that the defects may include exploding faulty Takata air bags in addition to other defects that can cause serious to fatal injuries such as, defective ignition switches, problems with the power steering, and damaged brakes. The FTC came to the decision during a settlement with General Motors (GM) and 2 used car dealers.

Opponents Of Recall Defective Car Sales

The National Highway Traffic Safety Administration (NHTSA) does not approve of the FTCs ruling. In fact, the FTC's agreement goes against NHTSA policy. The NHTSA's policy, which they unfortunately don't have the power to enforce, says that used cars must be inspected and fixed before being resold. 

Seconding the NHTSA's view on the issue, Rosemary Shahan, president of Consumers for Auto Reliability and Safety (CARS) said, “The FTCs reckless action will result in more people being killed and injured because of unsafe, defective used cars.” To back up their words with actions, Shahan’s organization is fighting along with a few Democratic senators, the Center for Auto Safety, and the U.S. Public Interest Research Group against the FTC. “It’s a dangerous and irresponsible abuse of the commission’s authority,” Shahan continued. Now the FTC is facing a lawsuit from the 3 organizations on the grounds of consumer safety.  

The legislative director for the Massachusetts Public Interest Research Group, Deidre Cummings also said to NBC News that, "The Federal Trade Commission is supposed to crack down on false and misleading advertising, but instead they are encouraging it. They should have protected consumers, but chose to protect reckless car dealers.”

How Defective Car Sales Affect The Auto Industry 

Many view the FTC's decision as a change in the auto buying industry. This may lead to car dealers altering their policies to reflect monetary benefits for themselves instead of safety measures for the consumers. In fact some changes have already been made. Ford has already modified their policies to include recall defects such as the Takata airbag. Ford Dealers can now sell vehicles with faulty parts as 'certified' as long as the word 'safe' is not utilized at anytime in the sale. Used Ford buyers will then sign an agreement noting that they are aware of the safety issue and agree to be contacted by the Ford dealer once the replacement parts arrive. 

In defense of their new policy, Sara Tatchio of Ford Communications stated that, “The safety of our customers is our top priority. Our dealers must complete all recalls when parts are available. In the extremely rare instance when parts are not available, our policy is that dealers must clearly disclose the situation including printing the open recall information and handing it to the prospective customer. As soon as parts are available, the dealer will then prioritize completing the open recall.”

How Consumers Can Protect Themselves From Recalls

They are few things consumers can do to safeguard themselves from buying a used vehicle that may have recall defects.

  • Look up a vehicle's Identification number (VIN) in the NHTSA’s recall lookup tool. The NHTSA’s system will show any outstanding recalls that have yet to be fixed on the vehicle.
  • Get a vehicle's history report on websites like CarFax to see if the car has been involved in any accidents, if any original parts have been replaced, and if it has been regularly and properly maintained. 
  • Before making a vehicle purchase, ask the salesperson about the history of the car and whether any defects or other safety problems have been made aware to them. 
  • Even if the vehicle list it has been subjected to "rigorous inspection" or as is labeled "safe," get it inspected anyway by a qualified mechanic before buying it. Try to find an auto shop that doesn't have ties to the dealership that the vehicle is being sold from. 

These tips are not 100% effective in every used car buying scenario but in general, they may ease the trepidation one may have in buying a used car. Hopefully, armed with the knowledge of past or present recalls and mechanic history, used car buyers can make an informed decision on what vehicle would serve their needs best while keeping them and others safe. After all, getting involved in a car accident due to a faulty or defective car part because you didn't due your due diligence in researching a used car before purchasing it, is an unfortunate way to harm yourself. 

Car recall lookup tools provided by government websites and agencies such as the NHTSA are one ideal way to make sure that car buyers are truly purchasing safe cars. It is unfortunate that the FTC would approve of the sale of cars with defective parts, thereby making buyers unable to trust the CPO seal that guarantees buyers that they are buying a recall-free vehicle. If you or someone you know has been injured in a car accident caused by a vehicle under recall, call 844.4MI.FIRM and speak to the experienced staff at The Michigan Law Firm, PLLC. We provide free consultations to discuss your legal options.

Dangerous Takata Air Bag Inflators Are Still On The Market

Since early 2015, The Michigan Law Firm, PLLC blog has informed and kept readers updated on the Takata air bag scandal, in which faulty air bag inflators exploded, either randomly or when deployed in car accidents, when the chemical propellant inside degraded. In the latest news, it was discovered that the government overlooked a glaring error while attempting to rid vehicles of defective Takata air bags when they came to an agreement back in January, 2107. Under federal law it is completely legal for junkyards to sell previously or currently recalled and other wrecked vehicle parts to repair shops that later can be placed into other cars. The transaction is easy to do since there isn't a government agency that currently tracks the purchases, nor a state that has laws against the reuse of recalled vehicle parts. This means that faulty Takata air bags have been sold from junkyards and repurposed in cars that people are currently driving.

How To Avoid Buying A Faulty Car

A reused faulty air bag is the reason why Karen Dorado suffered from a punctured trachea, neck injuries, and damaged vocal cords after getting in a minor car crash on March 3, 2017. Dorado’s father bought her a Honda Accord so that she would have reliable transportation to get her back and forth to work and was unaware, at the time, of the car’s history. This history includes a car accident in Phoenix, Arizona in 2015 that declared the vehicle to be totaled and was later salvaged, repaired, and sold in Las Vegas on March 2016. The inflator however, was traced to a 2001 Accord that had been under recall, but had yet to be serviced and must have been stolen or replaced by a junkyard that sold it to the shop that repaired Dorado’s Honda Accord. 

Dorado is only one of almost 200 people injured or killed by the faulty Takata inflators. To avoid getting into car accidents in tricky situations such as Dorado's it is recommended that anyone who is looking to purchase a vehicle first check it's complete purchase and repair history. Auto history trackers like Carfax or AutoCheck are resourceful sites that research the history of used vehicles so that potential buyers will have an idea of any problems they could possibly be inheriting by purchasing a used vehicle.

Takata's Air Bag Buy Back Program

Takata now has a program in place that will buy up any of their air bags to take them out of circulation. In fact, Takata has already purchased around 60,000 of them. However, this still doesn’t prevent future buyers of used or salvaged cars from potential danger even when searching the car's VIN number on websites like the National Highway Transportation Safety Administration (NHTSA), which is only allowed to monitor reported vehicles and not car parts, whether they are reported or not. An NHTSA spokeswoman admitted as much to the L.A. Times stating that, “The federal government has no authority over used car sales and cannot stop air bags from being resold.”

Acting director of the Center for Auto Safety Michael Brooks, said,

“People should be suspicious of cars with salvage titles because there is no way of knowing where the parts came from or the quality of the repair work. Although some are safe, stolen or counterfeit parts can be used.”

Update On The Takata Air Bag Scandal

On January 13, 2017 Federal Detroit prosecutors announced that a settlement was reached with Takata over their defective air bag inflators that would cause debris to explode upon impact. The settlement agreement includes Takata pleading guilty to wire fraud, paying $1 billion in criminal penalties, and the indictment of 3 former Takata executives, Shinichi Tanaka, 59; Hideo Nakajima, 65; and Tsuneo Chikaraishi, 61. Roughly $125 million of the fine is going to go to those who were injured by the air bag - if they haven't received a separate settlement - while $850 million will go to automakers who have incurred debt over replacement costs for the air bags. Takata was also ordered to recall the almost 100 million air bags, in phases, which should be completed by the end of 2019.

Drivers are encouraged to make sure their vehicle has been recently serviced in order to prevent serious injuries and death resulting from the Takata air bag inflators. Future car buyers who may be purchasing a used car or salvaging a current one should be vigilant in making sure that the car parts are purchased from a state approved auto shop. At the very least, any one in the used car buying market should should look up the history of their car's parts.

Although, Takata is now compensating families for their loss, it comes a little too late for those who have lost a loved one due to their negligence. Now, the horror continues through sales of salvaged parts that is completely legal under federal law. If you or someone you know was injured due to faulty air bags or any other recall defect, call The Michigan Law Firm, PLLC. today. We will work hard to earn you any compensation you may be entitled to.

Anton Yelchin's Parents File Lawsuit Against Fiat Chrysler

Back on August 9, 2016 The Michigan Law Firm, PLLC blog informed readers that actor Anton Yelchin's parents had filed a wrongful death and product liability lawsuit against Fiat-Chrysler and the dealership that sold Yelchin his 2015 Jeep Grand Cherokee. Yelchin was an actor best known for his role as Chekov in the remake of the fan-beloved Star Trek film franchise. Reuters reported that Yelchin had driven back to his home to grab an item he thought he had forgotten and hopped out of his vehicle thinking it was in park. However, the car began to roll backwards along Yelchin’s steep driveway crushing the 27-year-old.  This motor vehicle vs pedestrian accident caused his tragic death. It was later discovered that Yelchin's vehicle was under recall for a defective gear shift.

Late Recall Letter

811,000 vehicles nationwide and 1.1 million cars and SUVs globally, were affected by the recall. The auto recall covered models of the Jeep Grand Cherokee Sport from the 2014-2015 model year, and models of the Dodge Charger and the Chrysler 300 Sedans from the 2012-2014 model years.

The lawyer representing Yelchin's parents contended that a recall letter arrived seven days after Yelchin’s death, which was obviously too late to be of use to the late actor. The Yelchin lawyer has since chosen to reveal the contents of the undated letter which stated, "Your vehicle may roll away, striking and injuring you, your passengers, or bystanders, if the vehicle's engine is left running, the parking brake is not engaged, and the transmission is not in the "PARK" position before exiting the vehicle."

In response to the lawsuit, the Valencia, California dealership that sold Yelchin the Jeep, submitted a request to be removed from the wrongful death lawsuit. Their explanation for the request was that Yelchin should be blamed for his own death due to the "misuse, misapplication, or damage” of the vehicle. The New York Daily news reported that the dealership accused Yelchin's parents of tampering with the Jeep after the accident and that they suggested that Yelchin himself made adaptations to the Jeep shortly after purchasing it.

Fiat-Chrysler Recall

In light of Yelchin’s death and the Jeep recall, his parents were not the only ones that sued over the defective gear shift. In fact, seven more class action lawsuits from California, Tennessee, and New York have been filed and are being consolidated here in Michigan, close to Fiat-Chrysler Automobiles' (FCA) U.S. headquarters, according to The Hollywood Reporter.

Additional lawsuits like one from Texas involving a San Antonio woman jumping from her roll-away Jeep, seem to filed more and more frequently. Sonya Dawson, 49, parked her 2015 Jeep Grand Cherokee before she exited the running vehicle and closed the door. Dawson alleges seeing the vehicle starting to roll backwards out of the corner of her eye and then began to give chase to stop her vehicle. She tried stopping it by pressing down on the brakes but was ejected.  The car ran her food over causing significant foot injuries.  Her personal injury attorney argues that the shifter doesn't include a safety override to allow drivers to exit the vehicle when it is not in park. 

Yelchin's story shows the importance of automakers sending recall notices out in a timely fashion - preferably as soon as the malfunction is discovered. In turn, owners of those vehicles owe it to the safety of themselves and others to quickly get the vehicle serviced by the manufacturer and/or their certified mechanics.

It is important to take immediate action when a vehicle is under recall. Ignoring the recall or getting the vehicle serviced too late may lead to serious consequences such as minor and fatal injuries and death, if the vehicle's malfunctions lead to a car accident and the possibility of serious injury.

Drivers who are interested in knowing if their vehicle is under recall are encouraged to look up their VIN number on the National Highway Traffic Safety Administration's website. Have you or someone you know been injured in an accident involving a vehicle under recall? If so, call The Michigan Law Firm, PLLC for a free consultation today. Contact us at 844.4MI.FIRM.

Despite Safety and Legal Controversies, Auto Industry Booms Post-Recession

While the United States auto industry has taken its fair share of bumps and bruises with recalls and fines, that doesn’t necessarily mean the industry is financially hurting. Consumers have seemed unfazed by the controversy as they continue to buy cars and trucks at record levels and at record prices. 


“The fact of the matter is, there is a plethora of recalls, and after a certain point in time people become numb to them,” John Humphrey, Senior VP of J.D. Power’s global automotive practice, told USA Today. “We have more recalls now than we have ever had and yet the industry is selling more cars than ever.” Consumer Safety advocate Ralph Nader believes the industry has improved, but there are still significant improvements that need to be made. “Today, the cars are much safer, less polluting, modestly more fuel efficient...but there is still a long way to go,” Nader explained. “We’ve ceased to see just carelessness, ignorance and indifference. These are increasingly criminal acts, now prosecuted because there is no criminal penalty in the motor vehicle safety law.”

Despite the recent shortcomings of the auto industry, Americans are buying more cars than ever before at higher prices than ever before. In 2015, automakers sold more than 17.47 million new cars and trucks, the most in United States history. All the meanwhile, the automotive industry is currently in the middle of the largest recall crisis in United States history. For example, the Takata airbag recall affects 32 million vehicles made by 33 automotive brands. While the media focuses on the recall and automakers send out recall notices directly to owners, it doesn’t grab the attention of the general public. According to a recent study, by Kelley Blue Book, which surveyed 1,000 vehicle owners, only 52% were aware of the Takata recall. That percentage ranked lower than the Zika Virus (84%) and Hillary Clinton’s email issues (87%). 

“Consumer opinions on the Takata airbag recall seem to be another unfortunate case of people thinking ‘it won’t happen to me,’ but this is easily the largest, most expensive automotive safety issue in United States history,” Karl Brauer, Senior Analyst for Kelley Blue Book, expressed. 
 

With the economy continuing to rebound and the summer months rolling on, the roads will be humming with cars. Because of the increase in cars on the road, drivers should be extra cautious to make sure they arrive at their detestation safely. If you or somebody you know has been injured in a car accident, call The Michigan Law Firm, PLLC. Injuries can range from bruises to closed head injuries, many of which may not even present themselves immediately following the accident. Our attorneys can help you deal with stressful insurance companies while you get the rest and medical attention you need. Call us today, at 844.4MI.FIRM for a free consultation. 

General Motors May Pay $550 Million For Airbag Replacement

General Motors Company (GM) could be pulling out their checkbook soon, and it’s going to be for a hefty cost. If U.S. auto safety regulators require GM to recall an additional 4.3 million of its vehicles in order to replace Takata-made airbag inflators, the company stands to lose up to $550 million according to Fortune. 

However, the automaker will not be paying up without a fight. GM reported in its second-quarter earnings report that the Takata airbag inflators in GM vehicles are performing as designed and will not pose an unreasonable risk through 2019, if at all. If regulators decide that GM is responsible for paying for the replacement air bags, the company estimates a cost up to $320 million for the initial 2.5 million vehicles that could be at risk. Additionally, 4.3 million vehicles have been classified as potential danger risks because of Takata defects, which could bump the price tag up to $550 million in total. 

Takata has been in the national spotlight for the past few years with airbag defects causing numerous problems including serious injuries and fatalities. Takata airbags have been deemed dangerous because they can explode violently under extensive heat conditions, sending pieces of metal shrapnel everywhere, including into drivers. These incidents have led to a steady rise in recalls and lawsuits against the company. Fortune reports that while GM doesn’t believe there is a safety issue in any of its vehicles, the company filed a preliminary defect report in May which covered 2.5 million of trucks and sport utility vehicles. 

The ball is now in GM’s court, as they have a chance to prove to the National Highway Transportation Safety Administration (NHTSA) that the inflators do not pose a risk to safety for drivers. If GM can’t convince the NHTSA by September, they will be required to foot the bill. 

If your vehicle has been identified as one of the vehicles that have been recalled due to the Takata airbag defect, or any other vehicle defect, its important that you get your car replaced. Car defects can serve as a serious threat to drivers and passengers, as they may cause the driver to lose control of the car. If you or somebody you know has been injured in an auto accident which was caused by a car defect, call The Michigan Law Firm, PLLC. Our attorneys will work with you to get you the help you deserve. Call us today, at 844.4MI.FIRM for a free consultation.