Few things are more frustrating—or potentially dangerous—than discovering your new/used car has a defect that puts you or your passengers at risk. Whether it’s a faulty brake system, a malfunctioning airbag, or an electrical issue, a dangerous defect can turn an ordinary drive into a potentially life-threatening situation. If you’ve experienced a mechanical defect that caused an accident or injury, or your car just does not feel safe, here’s what you need to know about your legal rights and options in North Carolina.
Step 1: Identify the Defect
When a problem arises, the first step is identifying whether it qualifies as a defect. Common dangerous defects include brake failures, steering malfunctions, faulty airbags, and engine problems. Check your owner’s manual and online forums to determine if others have reported similar issues. If the defect caused an accident, document the damage, take photographs, and collect any relevant evidence.
Step 2: Contact the Manufacturer or Dealer
Notify the car manufacturer or dealer about the defect immediately. They may already be aware of the issue and might offer repairs or compensation through a recall program. If your car is under warranty, the dealer may be obligated to fix the issue at no cost to you. Keep all communications in writing and save receipts for any related expenses.
Step 3: Understand Recalls
Manufacturers are required to issue recalls for known safety defects. Check the National Highway Traffic Safety Administration’s (NHTSA) recalls database to see if your car has been recalled. If so, follow the instructions provided by the manufacturer to have the defect repaired. Recall repairs are typically free, but if you’ve incurred costs due to the defect (e.g., towing or medical bills), you may need legal assistance from an experienced auto accident attorney to recover these expenses.
Step 4: Determine Liability
If the defect caused an accident, you may have grounds for a product liability claim against the manufacturer, dealer, or another responsible party. These claims often involve proving that the defect existed when the car was sold and directly caused the accident or injury. Evidence such as repair records, photos, and expert testimony can strengthen your case.
Buying From a Used Car Lot or Private Seller
The process becomes more complex when purchasing from a used car lot or private seller. Unlike new cars sold by certified dealers, used cars are often sold “as-is,” meaning the buyer assumes responsibility for defects. However, if the seller knowingly concealed a safety defect or misrepresented the car’s condition, you may still have legal recourse. All is not lost when you buy a used car from a lot, and it doesn’t perform the way you expect it to – An experienced attorney can help you explore your options.
Can I Claim for a Rental While My Car is Being Repaired?
If a defect renders your car unsafe to drive, you may need a rental car while waiting for repairs. If the defect is part of a recall, the manufacturer may cover rental costs. Otherwise, your insurance policy or a product liability claim may help recover these expenses. Keep detailed records of rental costs and repair timelines to support your claim.
How the Lemon Law Applies in North Carolina
North Carolina’s lemon law protects buyers of new vehicles that have substantial defects impairing their use, value, or safety. To qualify, the defect must occur within the first 24 months or 24,000 miles and persist after a reasonable number of repair attempts. Here’s an extract from the NCDOJ website relating to the NC Lemon Law:
Lemon Law
The North Carolina Lemon Law, also known as the New Motor Vehicles Warranties Act (N.C.G.S. 20-351), applies to new passenger cars, pick-up trucks, motorcycles and most vans bought in North Carolina. It requires manufacturers to repair defects that affect the use, value, or safety of a new motor vehicle within the first 24 months or 24,000 miles (whichever comes first).
If the manufacturer cannot fix the defect, you may be entitled to a replacement vehicle or refund. Learn more about lemon law protections at the North Carolina Department of Justice website.
When to Involve an Attorney
Handling a dangerous car defect can be overwhelming, especially when dealing with manufacturers, dealers, or insurance companies. An experienced attorney can:
- Evaluate your case and determine the best legal strategy
- Negotiate with the manufacturer or dealer on your behalf
- File a product liability lawsuit if necessary
- Ensure you receive fair compensation for medical bills, lost wages, and other damages
Helpful Resources
If you’ve experienced a dangerous car defect and need legal advice, contact Kellum Law Firm. Our team of experienced attorneys is here to help you understand your rights and pursue the compensation you deserve. Reach out today for a free consultation, call us toll-free 24/7 on 1-800-ACCIDENT or click on the image below to schedule a free consultation with an attorney.
If you’ve been injured in a car accident, understanding the legal process can be just as important as seeking medical care. That’s why we created our in-depth Car Accident Legal Guide — a free resource designed to help North Carolina drivers navigate every stage of an auto injury claim. From the immediate steps you should take at the scene in After a Car Accident: The Critical Steps You Can’t Afford to Miss to understanding how insurance adjusters evaluate your claim in How Adjusters Decide What to Pay, we’ve laid out practical guidance at every step. You’ll also find valuable insights on the hidden factors that influence settlements, what to do if your claim is denied, and how to handle the final steps after a successful recovery. Whether you’re early in the process or trying to resolve a difficult case, these guides are here to help you make informed, confident decisions.
