What Happens When a Rental Car Has a Known Recall?
When you pick up a rental car at the Portland Jetport or drive away from a dealership in a loaner vehicle, you expect one basic thing: the car should be safe to drive. If that vehicle has an open safety recall and the company hands you the keys anyway, they are putting you and everyone else on Maine’s roads at risk.
If you later crash because of the defect the recall warned about, you may have strong legal claims against the rental company, dealership, or manufacturer—even if another driver or poor weather also played a role.
This article explains how recalls work, what federal law says about rental cars, and what rights you have after a crash in Maine involving a recalled rental or loaner vehicle.
What Is a “Known Recall”?
A safety recall happens when either the manufacturer or the National Highway Traffic Safety Administration (NHTSA) identifies a defect that affects safety or a vehicle that fails to meet a federal safety standard. The defect could involve:
- Airbags that deploy with too much force or don’t deploy
- Brakes that fail or pull the vehicle to one side
- Steering components that break or lock up
- Fuel-system or battery defects that cause fires
- Transmission or software issues that cause sudden loss of power or unintended acceleration
When a recall exists, the manufacturer must notify owners and provide a free repair, replacement, or refund. Rental car companies and dealers can easily check open recalls using the vehicle identification number (VIN) in NHTSA’s online database.
A “known recall” means the problem is documented and searchable—there is no excuse for a professional fleet operator or dealership to say they “didn’t know.”
Federal Rules for Rental Cars with Recalls
For years, rental companies could legally rent vehicles with open recalls, even if the defect was serious. That changed after several high-profile crashes and a nationwide safety campaign led Congress to act.
Today, under federal law:
- Large rental car companies (with fleets of 35 or more vehicles) must fix open safety recalls before renting, loaning, or selling those vehicles to consumers.
- They must ground any recalled vehicle until the defect has been repaired.
- They cannot simply disclose the recall and ask you to “accept the risk.”
If a rental company sends you out in a vehicle with an unrepaired, known safety recall, it may be violating federal lawand breaching its duty of care.
Smaller rental operations and some dealership loaner programs can fall into gray areas, but all vehicle providers have a basic obligation under Maine negligence law to act as a reasonably careful business. Handing a customer a car that the manufacturer has already labeled unsafe is rarely reasonable.
Common Recall-Related Crash Scenarios
A recall-related crash in Maine can happen in several ways:
- Airbag or seat-belt failures. You’re in a collision that would normally cause minor injuries, but a defective airbag explodes metal fragments or fails to deploy, causing severe trauma.
- Brake or steering loss. A recalled hydraulic or electronic component fails while you’re driving on I-295 near Portland or on Route 1, and you lose control.
- Fire or stalling. A fuel-system or battery recall warns of fires or sudden engine stalls. The rental company ignores it, you stall in traffic or your car catches fire, and you’re hit or badly burned.
- Software issues in newer vehicles. Modern recalls increasingly involve faulty software that controls power steering, advanced driver-assist features, or transmission behavior. The vehicle behaves unpredictably and causes a crash.
In each of these situations, the crash might appear at first to be “driver error” or “bad luck.” But when attorneys dig into the VIN history and maintenance records, we sometimes find a clear recall notice the company chose to ignore.
Who Can Be Liable After a Recall-Related Crash in Maine?
After a rental or loaner vehicle crash tied to a known recall, several parties may share responsibility:
1. The Rental Company or Dealership
If the company rented or loaned you a vehicle with an open recall, they may be liable for:
- Negligence – failing to inspect for and repair known defects.
- Negligent entrustment – putting an unsafe vehicle on the road.
- Violation of federal safety law – which can support a finding of negligence per se in some cases.
2. The Vehicle Manufacturer or Part Supplier
The underlying defect usually traces back to the manufacturer of the car or a component (airbag, brake module, battery pack, etc.). You may have a product liability claim for:
- Defective design
- Defective manufacture
- Failure to warn
3. Other Negligent Drivers
If another driver was speeding, distracted, or impaired, they may also bear fault. In Maine, you can pursue claims against all at-fault parties, and the court or insurers will allocate percentages of responsibility.
Your Rights as an Injured Renter or Loaner-Driver in Maine
If you suffer injuries because of a recalled rental or loaner vehicle, you can seek compensation for:
- Past and future medical bills
- Lost wages and loss of earning capacity
- Pain and suffering
- Loss of enjoyment of life
- Permanent impairment, scarring, or disfigurement
- Property damage and out-of-pocket expenses
Maine follows modified comparative negligence. You can recover damages as long as you are less than 50% at fault, but your recovery is reduced by your percentage of responsibility. Importantly, simply renting or driving a recalled cardoes not make you at fault—the companies that knew or should have known about the defect are the ones under scrutiny.
What to Do If You Suspect a Recall After a Crash
If you were in a crash involving a rental or loaner car and you later hear about a recall—or the vehicle behaved strangely—take these steps:
- Get medical treatment and follow through with care. Your health comes first, and medical records create a clear link between the crash and your injuries.
- Preserve the vehicle if possible. Do not authorize it to be scrapped or repaired without legal advice; the vehicle is critical evidence.
- Write down details about how the car behaved. Sudden stalling, pulling, loss of power, odd dashboard warnings, or strange steering are all important clues.
- Check for recalls. You can look up the VIN in NHTSA’s online recall database or ask an attorney to do this for you.
- Do not rely on the rental company’s explanation. Their goal is to limit their own liability, not to protect your legal rights.
- Contact a Maine personal injury lawyer experienced with recall and product cases. These claims often involve complex evidence, multiple defendants, and aggressive corporate defense teams.
How Peter Thompson & Associates Helps After a Recall-Related Crash
At Peter Thompson & Associates, we routinely investigate car crashes in Maine where something about the vehicle just doesn’t add up. When a rental or loaner car is involved, we:
- Obtain rental agreements, fleet records, and internal recall procedures
- Secure and inspect the vehicle with qualified experts
- Check the VIN for open and historical recalls
- Investigate whether the company knew about the recall before handing you the keys
- Pursue claims against the rental company, dealership, manufacturer, and any negligent drivers
- Build a comprehensive damages picture so you receive full and fair compensation
We understand how overwhelming it feels to learn that the car you trusted was defective all along. Our job is to uncover the truth and hold every responsible party accountable.
Injured in a Rental or Loaner Vehicle with a Recall? Talk to Us.
If you were hurt in Maine while driving a rental car or loaner vehicle and suspect a recall played a role, you don’t have to investigate it alone.
Contact Peter Thompson & Associates for a free consultation. We’ll review your crash, check for recalls, explain your rights under Maine law, and fight for the compensation you need to move forward.