Posted on Thursday, April 6th, 2017 at 2:19 pm
In a recent article appearing in the New York, it was reported that used cars which are subject to safety recalls are sometimes sold at auto auctions without the recall repair having been made or without disclosure that the car is subject to a recall. According to the article, According to the article, this happens because there is no federal requirements that sellers of used cars fix problems related to safety recalls or disclose that the vehicle is subject to a recall when selling the vehicle. The Times notes that efforts to introduce tougher laws for used cars have languished in Congress under lobbying pressure from the used car industry.
The article went on to report a recent example of a 50-year-old Riverside, Calif., woman, Delia Robles, who died in a collision while driving a 2001 Honda Civic equipped with a defected Takata airbag. Delia Robles was killed when she collided with a pickup truck on her way to get a flu shot when the defective Takata airbag exploded, sending shrapnel into the vehicle’s passenger compartment. According to the article, Ms. Robles’ 2001 Honda Civic was sold three times at auto auctions before her son bought it from an acquaintance. Ms. Robles’ car was equipped with a defected Takata airbag. And, according to the Times,her civic was one of about 300,000 cars with defective Takata airbags that federal regulators said posed a particularly high risk of exploding.
According to the Times article, the gentleman who sold Ms. Robles’ car to her son purchased the car at a wholesale auto auction which is a part of Cox Automotive. The article notes that a spokesman for auction said that the company encourages sellers to disclose recall information, but that there was no realistic way for the company to force dealers to disclose safety defects.
The seller of the Honda Ms. Robles’ son bought for her said he was shocked to learn only after her death about the car’s safety issues, and that when he bought the car, “They just said ‘as is’, I knew nothing about the car.”
A spokesman for Honda stated that it had mailed out 20 notifications regarding the recall and made more than 90 phone calls to the vehicle’s previous owners in an effort to have the defective Takata airbag addressed.
Sources: An article appearing at nytimes.com on 10/26/16 entitled “Used Cars Slip Past Recall Safeguards, Putting Drivers in Danger” by Rachel Abrams and Hiroko Tabuchi