Malfunctioning airbag on new vehicle and was told to keep driving it.

[Uma Doe]

California
I was Sold new vehicle but malfunctioning airbag and was told to keep driving the vehicle.
Bought a Subaru new. I made an inquiry via text the next day that I am concerned about its airbag safety after seeing an airbag warning light and an email from Subaru to get it inspected. I got text back saying it was safe to drive. I kept driving it but after 4 weeks, I decided to take the vehicle for inspection because the airbag never went away and I continued to receive a warning email from Subaru. It turns out the airbag system is not working the whole time. I drove it all over California on a road trip with a malfunctioning airbag system. I find it negligent for them to tell me to drive an unsafe vehicle. They repaired the vehicle under warranty for 10 days and now they are offering me an extended warranty for free in exchange for a General release of claims. What should I do?

 

[cbg]

What damages have you suffered? In what way have you been harmed? NOTE: "Something could have happened" is not sufficient for any kind of legal recourse - you can't sue for what might have happened but didn't.

 

[quincy]

California
I was Sold new vehicle but malfunctioning airbag and was told to keep driving the vehicle.
Bought a Subaru new. I made an inquiry via text the next day that I am concerned about its airbag safety after seeing an airbag warning light and an email from Subaru to get it inspected. I got text back saying it was safe to drive. I kept driving it but after 4 weeks, I decided to take the vehicle for inspection because the airbag never went away and I continued to receive a warning email from Subaru. It turns out the airbag system is not working the whole time. I drove it all over California on a road trip with a malfunctioning airbag system. I find it negligent for them to tell me to drive an unsafe vehicle. They repaired the vehicle under warranty for 10 days and now they are offering me an extended warranty for free in exchange for a General release of claims. What should I do?

You can consult with a product liability lawyer in your area but, if the airbag in your vehicle already has been replaced, you are probably going to be told by the lawyer that you have no legal action worth pursuing.

Prior to purchasing any vehicle, a buyer should always run the VIN to check for recalls. A link to the NHTSA on the vehicle recalls due to faulty airbags: https://www.nhtsa.gov/recall-spotlight/takata-air-bags

 

[ALawyer]

Complaining to State and Local Authorities May Help Others

Fully agree with the prior posts that you are extremely unlikely to be able to receive any monetary compensation as (fortunately) nothing bad happened. However, bad actors who give false and misleading information that can cause harm to others should be outed. Thus you might want to report the experience to the Better Business Bureau, and to State Authorities that may have jurisdiction such as the California Department of Consumer Affairs or others listed at www.dca.ca.gov/ as they just may be able to combine your situation with other complaints they have had against the same manufacturer or local dealer and seek redress.

 

[Zigner]

I think some are getting a bit blinded by the fact that this is an airbag matter. From the description, this is not a matter of a recalled airbag (recalled Takata airbags don't show a warning light), rather, the OP ended up getting a car that had a defective item. Said defective item was repaired (replaced) under warranty. End of story. I don't see anything that was done wrong. The OP never even spoke to the service department as he was instructed to do by the manufacturer prior to driving it all over the state. A text to a salesperson (I can virtually guarantee you that's who he texted) just doesn't cover it, particularly in light of the MANY notices that the OP received from Subaru to take the vehicle in for inspection.

 

[quincy]

I think some are getting a bit blinded by the fact that this is an airbag matter. From the description, this is not a matter of a recalled airbag (recalled Takata airbags don't show a warning light), rather, the OP ended up getting a car that had a defective item. Said defective item was repaired (replaced) under warranty. End of story. I don't see anything that was done wrong. The OP never even spoke to the service department as he was instructed to do by the manufacturer prior to driving it all over the state. A text to a salesperson (I can virtually guarantee you that's who he texted) just doesn't cover it, particularly in light of the MANY notices that the OP received from Subaru to take the vehicle in for inspection.

What the actual "defective item" is would need to be known but I agree that if the defective item was repaired/replaced without any incidents resulting prior to the repair/replacement, there is little likelihood that there is a claim worth pursuing.

That said, some buyers who have purchased vehicles with defective parts sue to recover the difference between the purchase price of a defective vehicle and the higher cost they may have paid for a vehicle without the defect. Some have sought reimbursement for rental car costs incurred while their vehicle was under repair. And dealers are increasingly being called out for not disclosing active recalls and for "lying" about the vehicles they are selling (e.g., calling them "safe" when they aren't), with suits being filed under state deceptive trade practices laws.

Again, though, I do not see offhand any legal action worth pursuing based on what has been said. However, it could be worth an attorney's review for a better determination.

 

[Zigner]

What the actual "defective item" is would need to be known but I agree that if the defective item was repaired/replaced without any incidents resulting prior to the repair/replacement, there is little likelihood that there is a claim worth pursuing.

That said, some buyers who have purchased vehicles with defective parts sue to recover the difference between the purchase price of a defective vehicle and the higher cost they may have paid for a vehicle without the defect. Some have sought reimbursement for rental car costs incurred while their vehicle was under repair. And dealers are increasingly being called out for not disclosing active recalls and for "lying" about the vehicles they are selling (e.g., calling them "safe" when they aren't), with suits being filed under state deceptive trade practices laws.

Again, though, I do not see offhand any legal action worth pursuing based on what has been said. However, it could be worth an attorney's review for a better determination.

As always, it can't hurt to have an attorney look at it, but I don't see this as any different than if your brand-spanking-new car ended up with a defective brake caliper that needed to be replaced (under warranty) by the dealer. Whether rental reimbursement is appropriate really depends on the warranty terms.

 

[TheGeekess]

California
I was Sold new vehicle but malfunctioning airbag and was told to keep driving the vehicle.
Bought a Subaru new. I made an inquiry via text the next day that I am concerned about its airbag safety after seeing an airbag warning light and an email from Subaru to get it inspected. I got text back saying it was safe to drive. I kept driving it but after 4 weeks, I decided to take the vehicle for inspection because the airbag never went away and I continued to receive a warning email from Subaru. It turns out the airbag system is not working the whole time. I drove it all over California on a road trip with a malfunctioning airbag system. I find it negligent for them to tell me to drive an unsafe vehicle. They repaired the vehicle under warranty for 10 days and now they are offering me an extended warranty for free in exchange for a General release of claims. What should I do?

Take that puppy and sign their paperwork. They are being very generous,

 

[quincy]

As always, it can't hurt to have an attorney look at it, but I don't see this as any different than if your brand-spanking-new car ended up with a defective brake caliper that needed to be replaced (under warranty) by the dealer. Whether rental reimbursement is appropriate really depends on the warranty terms.

First, the title of the thread spoke of "malfunctioning air bag" so assuming the defective item was an air bag is not that much of a stretch.

Warranties and deceptive practices are two different beasts.

There was no mention of the need for a rental car but if the defective item repaired/replaced was a defect known prior to sale and a rental car was needed while the vehicle was in for repair, reimbursement of costs is a possibility.

The question asked by Uma Doe was whether s/he should release the dealer from all claims in exchange for an extended warranty. That is a decision Uma must make and it can be easier to make after all facts are personally reviewed. I would not recommend signing a release of liability form without knowing more.

 

[Zigner]

First, the title of the thread spoke of "malfunctioning air bag" so assuming the defective item was an air bag is not that much of a stretch.

Oh, no doubt. I was just giving a fer instance.

Warranties and deceptive practices are two different beasts.

There was no mention of the need for a rental car but if the defective item repaired/replaced was a defect known prior to sale and a rental car was needed while the vehicle was in for repair, reimbursement of costs is a possibility.

We don't have any evidence of this.

The question asked by Uma Doe was whether s/he should release the dealer from all claims in exchange for an extended warranty. That is a decision Uma must make and it can be easier to make after all facts are personally reviewed. I would not recommend signing a release of liability form without knowing more.

I concur.