The Recall Process

The investigation and recall process has 4 steps. Before the investigation starts, it is important that all consumers report any safety complaints. Without these reports, the National Highway Traffic Safety Administration’s, NHTSA, would not be able to recall any vehicles.

There are three ways to submit a complaint:

  • Send a paper report to the Office of Defects Investigation (ODI)
  • Submit a complaint online
  • Call the vehicle safety hotline

Reports submitted are entered into the NHTSA consumer complaint automated database. The report is catalogued by vehicle make, model, model year, manufacturer, defect, assembly, and system. All of these complaints are listed online, without your personal information. If you file a complaint, an ODI investigator may contact you. The investigator will want to clarify information in your report. Check the ODI website or call the hotline if you have any questions. The ODI may launch an investigation based on the reports.

The ODI’s investigation process has four parts.

  • Screening

In the ODI, the Defects Assessment Division, DAD, is responsible for going through the reports, any emails, letters, anonymous reports, and manufacturer submitted information. The DAD will also investigate service bulletins, foreign recalls, customer satisfaction, and consumer advisories.

  • Petition Analysis

After screening, the ODI will deal with petitions. Anyone can submit a petition requesting that the NHTSA open an investigation into a possible safety defect.  The ODI will conduct a technical analysis of the petition. If the petition is granted, a defect investigation is opened. When the petition is denied, it is published in the Federal Register.

  • Investigation

There are two phases of the investigation: Preliminary Evaluation and the Engineering Analysis.

The first step is opened because of information submitted by DAD. During the Preliminary Evaluation stage, the ODI will obtain relevant info from the manufacturer. This information could be anything from complaints to reports of crashes. The first stage is an opportunity for the car manufacturer to defend their product. This stage usually only lasts for about four months. If the ODI believes that more investigation into the product is necessary, the office enters into the next phase.

The Engineering Analysis phase is the more intensive analysis phase. Investigators will determine the full scope of the alleged defects. There are inspections, tests, and surveys done. If the ODI determines that there is an alleged defect, investigators will present all the information to a panel of experts. The panel of experts will analyze all the information. If the panel decides that a recall is necessary, the ODI will notify the car manufacturer. This is the last opportunity for the car manufacturer to defend its product. If there is no further information, the ODI will send a Recall Request letter to the manufacturer.

  • Recall Management

The last step of the recall is Recall Management. The Recall Management Division (RMD) is responsible for maintaining administrative records of recalls and monitoring recalls to ensure that the scope is appropriate. If the recall is not effective, there may be another investigation into the recall.

If you are in an accident because of a recalled vehicle, you may want to contact a Santa Ana car accident lawyer.