US Federal

Who is liable if a rental car has an unrepaired recall?

49 U.S.C. §3010
Governing statute
Safety defect
Recall trigger
Manufacturer
Primary liable party
Rental company
Secondary duty
The Short Answer

The vehicle manufacturer is primarily liable for unrepaired safety recalls, but rental companies may also be held liable under federal law if they fail to remedy known defects before renting the car.

What the Law Says

Federal law establishes that motor vehicle safety recalls are mandatory when a safety-related defect exists, and it assigns responsibilities to both manufacturers and entities placing vehicles into service — including rental companies.

Under the National Traffic and Motor Vehicle Safety Act, the primary purpose is 'to reduce traffic accidents and deaths and injuries resulting from traffic accidents' by ensuring vehicles meet safety standards and are free of defects that pose unreasonable risks.

While 49 U.S.C. § 30101 itself sets the policy and purpose (not enforcement or liability rules), it authorizes the National Highway Traffic Safety Administration (NHTSA) to issue safety standards and require recalls under subsequent sections (e.g., §§ 30118–30121).

Critically, federal courts and NHTSA interpret the Act to impose a duty on rental companies not to rent vehicles with known, unrepaired safety recalls — especially when those recalls involve imminent safety hazards like airbag failures or braking defects.

Statutory Text

The purpose of this chapter is to reduce traffic accidents and deaths and injuries resulting from traffic accidents.

— 49 U.S.C. § 30101 — Purpose and policy

What to Do

1

Check NHTSA’s recall database (nhtsa.gov/recalls) using the vehicle’s VIN before renting or accepting delivery.

2

Ask the rental company in writing whether the vehicle has any open safety recalls and request proof of repair.

3

If you discover an unrepaired recall after rental, contact the rental company immediately and document all communication.

4

Report the issue to NHTSA at www.safercar.gov or by calling 1-888-327-4236.

5

Do not ignore recall notices — manufacturers must repair recalled vehicles free of charge, regardless of ownership or lease status.

Sources

statute49 U.S.C. § 30101 — Purpose and policy

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.