This is a question I get all the time and unfortunately the answer is no. Just because your car has a recall on it doesn’t automatically make it a lemon. This goes back to the three ways to qualify for the lemon law: (1) breach of the express warranty which is multiple repairs for the same issue; (2) breach of the implied warranty which is typically one of two scenarios- a big unresolved issue within the first year of ownership or a lot of little things that add up, or (3) the 30 day rule.
The strongest cases within the recall world are when you actually experience the problems outlined in the recall. For example, Honda had a recall out for the door latches on their Honda Odysseys a few years back. My client had issues with the sliding doors not closing which was part of the recall. So in that case, having a recall backing up my client’s claims that the door wasn’t working properly made his case that much stronger. However, if he just got the recall notice but didn’t actually have any problems with his car, that’s not a case that he would be likely to win.
So if you have a recall but haven’t noticed anything weird with your car, just be extra aware when driving your car to see if you see/feel/hear anything out of the ordinary and take it in to get the recall performed as soon as possible. Want to learn more? Check out the video on the subject from our very own principal attorney!
