According to a recent announcement by General Motors (GM), the manufacturer may buy back more than two thousand 2022-2023 Chevrolet Malibus for serious structural defects. Because of the flaw, these vehicles could experience failures of critical safety systems during a crash.
According to GM, the problem is related to the front impact bar. This part is connected to the front frame rails. It is responsible for transmitting force through the vehicle during a crash rather than allowing the engine to be crushed into the passenger compartment.
GM stated in a report filed with the National Highway Traffic Safety Administration (NHTSA) that, “The sheet metal blank for the front frame rail outer panel was improperly loaded into the die by the supplier, resulting in a front frame rail that was cut 10 millimeters short of its intended design. The shortened frame rail prevented proper welding of the front impact bar to the front frame rail.”
These faulty welds may mean that the impact bar cannot protect occupants during a crash. As a result, any accidents these vehicles may be involved in could be significantly more dangerous for the driver and passengers. The issue is so fundamental to the vehicles’ structure that GM will not attempt to repair the problem.
GM has issued a recall requesting owners of potentially affected Chevy Malibus to bring their vehicles to certified dealerships for inspection. If the issue is confirmed, GM will buy back the car from the owner.
Buybacks like this are understandably rare because of the costs incurred by the manufacturer. Here’s how car buybacks work, how they differ from standard recalls, and what you can do if your car is defective but there is no buyback offer in place.
How Are Buybacks Different From Recalls?
Buybacks are a specific type of recall. Under NHTSA regulations, vehicle manufacturers are required to recall cars if a known defect impacts safety. Manufacturers must then repair the fault to ensure all affected vehicles comply with NHTSA safety standards. These repairs must be made at no cost to consumers. If the repair fixes the problem, the owner walks away with a safer vehicle, and the manufacturer has resolved their liability for the fault.
In some cases, though, a problem cannot be repaired. The defect may be fundamental to the structure, such as in instances like the Chevrolet Malibu recall. In others, there might be a known problem with no apparent cause. In these situations, manufacturers cannot simply tell owners to come in and have the vehicle repaired.
That’s when buybacks come into play. The NHTSA holds the manufacturer accountable for the potential risks when a safety defect is unrepairable. Some manufacturers run the numbers to determine their best course of action. For serious, unrepairable flaws, it may be the case that buying back vehicles is the best financial option. In other cases, the NHTSA steps in and orders a buyback, as happened with Dodge SUVs and trucks several years ago.
What Happens During a Buyback
When a manufacturer or the NHTSA issues a buyback program, owners of impacted vehicles receive the right to sell their cars back to the maker. The specific terms of the buyback vary according to the circumstances. In most cases, the manufacturer agrees to purchase the vehicles for their price when brand-new, minus depreciation. Every company determines depreciation in its own way, so the precise amount you will receive is not publicly available.
If the NHTSA orders a buyback, owners may also receive additional compensation. For example, when the agency ordered Dodge buybacks, owners also received a 10% premium on the purchase price because of the severity of the issues.
Owners can bring their cars to certified dealerships to confirm their eligibility and sign buyback documents. They can leave their old car there and receive a check from the maker in the mail. Otherwise, many companies allow owners to treat the buyback as an extremely favorable trade-in, so they can leave the dealership with a new car with fewer flaws.
When to Pursue a Lemon Claim for Your Chevy Malibu
A buyback is a simple way to get your money back if your car is defective, but they are incredibly rare. If you have consistent issues with your vehicle, it is more likely that you will need to file a lemon claim.
Lemon law claims allow owners to request an individual Chevrolet buyback of their faulty vehicle if they meet specific criteria. They rely on state warranty laws instead of the NHTSA’s safety regulations, so they are restricted to cars still under warranty. However, this also means you can file claims for issues beyond safety defects, such as problems affecting the car’s function or resale value.
You may be eligible to file a lemon claim if your car is still under warranty. You could also face time limits, mileage requirements, and mandatory attempts by the manufacturer to fix the issue. However, every state’s laws are different, so it’s crucial to work with a knowledgeable lemon law attorney to determine if you can file a claim.
Expert Assistance for Lemon Law Claims Around the Country
You shouldn’t be trapped owning a car with serious safety flaws caused by the manufacturer. While broad buybacks like the Chevy Malibu recall are rare, lemon law claims are not. You may be able to file a claim against the manufacturer of your vehicle to get it repaired or refunded at no cost to you. At the Law Offices of Todd M. Friedman, P.C., we are prepared to help you get compensation for your defective car. Reach out today to learn how we can help you get a refund for General Motors manufacturing defects in states like California, Illinois, Pennsylvania, and Ohio.
