Quite possibly, yes. The test is whether you were injured because of a defect in the vehicle, not whether the vehicle was recalled. The injury needs to be the result of the defect in the vehicle, as opposed to other outside factors, such as actions of other drivers or your mistake. If the defect caused a fatality, there may be a wrongful death claim or wrongful death suit that can be filed. Ask our team of auto lawyers for advice.
If I Have Been Injured in a Defective Vehicle that Has Not Been Recalled, Do I Still Have a Claim?
About the Author: Jonathan Michaels
Jonathan Michaels has litigated some of the most important cases in the automotive industry. He is responsible for filing Ponce v. General Motors – a national class action case against GM for the concealment of a deadly defect in its vehicles for 13 years; and Spitzer Motor City v. U.S. – where he represented terminated Chrysler dealers against the U.S. for the “taking” of their franchises in 2009, a violation of the 5th Amendment. He has also litigated cases against nearly every major auto manufacturer, including GM, Audi, Maserati, Mitsubishi, Kia, Nissan, Honda, AM General, Isuzu, Toyota, Hyundai, Harley-Davidson, Ford, Chrysler, Tesla, Volvo, Volkswagen, Aston Martin, Land Rover, Mercedes and Porsche.