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Q: Automotive Safety Recalls ( Answered,   0 Comments )
Question  
Subject: Automotive Safety Recalls
Category: Miscellaneous
Asked by: mattmerk-ga
List Price: $4.00
Posted: 07 May 2002 08:51 PDT
Expires: 14 May 2002 08:51 PDT
Question ID: 13595
I have a 1995 Chrysler Cirrus.  I have researched a bit and found that
there are many safety recalls that have never been fixed.  I recently
purchase a new car, so I intend to sell the Cirrus ASAP.

I have safety concerns in selling the car to another buyer.  So, my
question is this: If I take the car to a dealer, do they have any
obligation to fix the recalls?  Can you give me details on this issue
and whether or not they can charge me for the repairs.  Are there any
limitations on time or mileage etc.

Thanks!
Answer  
Subject: Re: Automotive Safety Recalls
Answered By: pgrote-ga on 07 May 2002 16:14 PDT
 
Hello,

I hope your new car purchase is rewarding!

Here are the recalls for the vehicle according to the National Highway
Transportation and Safety Department's website:
http://www.nhtsa.dot.gov/cars/problems/recalls/Index.cfm

NHTSA CAMPAIGN ID Number:  96V006000
Component:  ENGINE
Manufacturer:  CHRYSLER CORPORATION

NHTSA CAMPAIGN ID Number:  96V074000
Component:  BRAKES:HYDRAULIC:ANTI-SKID SYSTEM
Manufacturer:  CHRYSLER CORPORATION

NHTSA CAMPAIGN ID Number:  96V075000
Component:  BRAKES:HYDRAULIC:MASTER CYLINDER
Manufacturer:  CHRYSLER CORPORATION

NHTSA CAMPAIGN ID Number:  97V201000
Component:  SUSPENSION:INDEPENDENT FRONT CONTROL ARM:LOWER:BALL JOINT
Manufacturer:  CHRYSLER CORPORATION

NHTSA CAMPAIGN ID Number:  98V063000
Component:  INTERIOR SYSTEMS:RESTRAINT:BELT ANCHOR AND ATTACHMENT
Manufacturer:  CHRYSLER CORPORATION

NHTSA CAMPAIGN ID Number:  98V183000
Component:  POWER TRAIN:TRANSMISSION:AUTOMATIC:INTERLOCK SYSTEM
Manufacturer:  CHRYSLER CORPORATION

To answer your specific questions:

1) "Do they have an obligation to fix the recalls?"

According to the NHTSA:
"Once a defect determination is made, the law gives the manufacturer
three options for correcting the defectCrepair, replace, or refund.
The manufacturer may choose to repair the vehicle; replace the vehicle
with an identical or similar vehicle; or refund the purchase price in
full, minus a reasonable allowance for depreciation. In the case of
tires and equipment, the manufacturer can either repair or replace."

http://www.nhtsa.dot.gov/hotline/recallprocess.html#What%20Are%20the%2
0Ways%20in%20Which%20a%20Recalled%20Vehicle%20or%20Item%20of%20Equipme
nt%20May%20Be%20Remedied?

So, they are obligated to repair, replace or refund.

2) "Can you give me details on this issue and whether or not they can
charge me for the repairs."

According to the NHTSA:
"Under the law, if a recall has been initiated, consumers are entitled
to the remedy without charge within a reasonable time. In most cases,
there will be a time lag between the date the manufacturer notifies
NHTSA of the recall and the time consumers are notified by letter from
the manufacturer. This time is provided to allow manufacturers to
identify owners of vehicle or equipment included in the recall,
develop remedial procedures, instruct dealers on how to repair the
defect, distribute to dealerships the parts necessary for repair or
replacement, and send letters to consumers informing them how the
recall campaign will be conducted. Therefore, the law provides that
the reasonable time (generally 60 days) for remedying the defect is
computed not from the time of the announcement of the recall, but from
the date specified by the manufacturer in its notification letter that
replacement parts are available. A dealer is not required by law to
remedy a defect in a vehicle brought in before that date. Although
consumers demanding immediate correction may feel they are not
receiving satisfactory resolution of the problem, there is no legal
recourse available at this stageCpatience is the only alternative. In
most cases, contractual arrangements between a manufacturer and
dealers require all dealers to honor the recall and remedy defects at
no charge, regardless of where the vehicle or item of equipment was
purchased."

http://www.nhtsa.dot.gov/hotline/recallprocess.html#What%20Can%20I%20D
o%20if%20a%20Manufacturer%20or%20Dealer%20Refuses%20to%20Repair%20My%2
0Vehicle%20or%20Equipment%20at%20No%20Charge%20after%20a%20Recall%20Is
%20Announced?

They cannot charge for the repairs.

3) "Are there any limitations on time or mileage etc."

According to the NHTSA:
"Yes. A limitation pertains to the age of the vehicle. In order to be
eligible for remedy at no cost, the vehicle cannot be more than 8
years old on the date the defect or non-compliance is determined.
Under the law, the age of the vehicle is calculated from the date of
sale to the first purchaser. For example, if a defect is found in 1999
and a recall ordered, manufacturers are required to make the
correction available at no charge only to cars purchased new in 1991
through 1999. However, consumers should realize that even though
manufacturers are not obligated to remedy safety defects in older
cars, a safety problem may still exist. If you receive notification of
a defect on a vehicle older than eight years, take the responsibility
to have your car repaired at your own expense. Eliminate any
unnecessary risks.

Also, if the manufacturer challenges the agency's final determination
of a safety defect, there is no obligation to remedy the defect while
the case is in court. If you decide to take your vehicle in for
correction after the agency's decision is made but before the case is
finally decided and the court decides that the defect is not safety-
related, Federal law does not require that the manufacturer reimburse
you for the repair work. However, if the court upholds NHTSA's final
determination, you may be entitled to reimbursement. Be sure to save
all receipts and paperwork so that you can prove the repairs were made
after the agency made its final determination."

http://www.nhtsa.dot.gov/hotline/recallprocess.html#Are%20There%20Any%
20Limitations%20on%20My%20Right%20to%20Have%20My%20Vehicle%20Remedied%
20at%20No%20Charge?

There are no mileage limits, but there is an 8 year limit.

Researching the list of recalls found that the seatbelt issue was
contested by Chrysler and they lost. It also appears to be the most
related to safety. According to the Detroit Free Press:

"In a blow to Chrysler, District Judge Emmet Sullivan gave Chrysler
until March 30 to notify owners, buyers and dealers of Cirrus and
Stratus cars made between June 30, 1994, and May 15, 1995, that the
vehicles do not comply with a federal safety standard for seat-belt
anchors.

He ordered the cars to be fixed at no cost to consumers, and withheld
a decision on possibly $2 million in civil penalties."

http://www.freep.com/business/qcirrus5.htm

I think it's great you want to have these safety issues addressed
before you sell. Good luck and thanks for using Google Answers!

I found this information by using Google and the following keywords:

auto recalls
Chrysler Cirrus recall

Thanks and good luck,
pgrote-ga
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