Hurt by a defective airbag, seat belt or car part in Tempe? What to do first

Look up your car's VIN on the MVD portal or NHTSA's recall tool. A recalled defect gets fixed free, but the recall does not end your right to sue. A product claim over a defective car in Arizona follows the two-year deadline. Keep the car. Its computer may hold the last seconds of the crash, and a Tempe tow yard cannot release an impounded car without paperwork from Tempe Police.

Last checked November 9, 2026 · Official sources (29)

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Road map of Tempe showing the I-10 Broadway Curve and Baseline Road, where crashes pile up and a failed airbag or belt would be tested
A car's crash recorder holds only about 30 seconds of data. Map data © OpenStreetMap contributors.

How do I check if my car has a recall in Tempe?

  1. Sign in to the MVD customer portal, AZMVDNOW.gov. Each car on your account has a recall tab.
  2. Or type the 17-character VIN into NHTSA's free tool. It will not list a recall that was already repaired.
  3. Write down every open recall, even ones that seem small. ADOT warns that millions of recalled cars go unrepaired each year.
  4. If you think the part is faulty but there is no recall, call the NHTSA hotline at 888-327-4236. Sometimes one complaint is enough to start a recall.

Who has my crash report if an airbag failed in Tempe?

Where it happenedWho has the reportWhat to know
Freeway or state highwayArizona DPSWait at least 14 days before you check
Tempe city streetTempe PoliceOnline through BuyCrash since November 1, 2021
Car towed from the sceneTempe Police clears releaseThe tow yard cannot release it without police paperwork

A Tempe Police report, available on BuyCrash for crashes since November 1, 2021, will say what the officer saw, not why the airbag stayed shut. That part takes an inspection by someone who knows the car's parts.

What proof disappears after a car defect crash in Tempe?

The car is the proof. The event data recorder keeps a short window, typically 30 seconds or less. Anyone else generally needs consent or a court order to read it. So don't sign the car over to a salvage yard until a lawyer or expert has had a look.

Some defects come from recalled parts that are still on the road. Takata airbag inflators are the well-known case, since recalled ones may explode. Keep any recall letter and the part number.

Tempe has also seen crashes involving automated cars. In 2018 an Uber test vehicle struck a woman on North Mill Avenue, and the NTSB investigated. A software fault is a different kind of defect than a bad belt, and the maker holds the data.

Can I sue the carmaker and the Tempe dealer?

Often both can be in the claim. Arizona lets you go after the maker, and a seller can be a wholesaler, distributor or retailer. If the dealer is sued, the maker may have to cover it.

Expect two defenses. The first is that the design met the state of the art when the car was first sold. The second is that you shared the blame, such as not wearing the belt. Arizona cuts your award by your share of fault instead of denying it.

A recall is not a settlement. The recall fix comes in addition to other legal remedies. If the crash was on I-10 at the Broadway Curve, where more than 300,000 vehicles pass on an average weekday, the deadline is the same: generally 2 years.

Who pays my bills while a defect claim is sorted out in Tempe?

  • Your health insurance and car policy usually pay first. A defect claim can take months.
  • If Banner Desert in Mesa or another hospital treated you, the hospital and the ambulance can each claim a lien on your recovery.
  • Medicare gets repaid out of a settlement if it paid for your care.
  • If the other driver caused a Tempe crash and the defect made it worse, a regular policy needs to cover only $25,000 per person.

Questions

Can I still sue if the car was recalled and I never got the letter?

Yes. A recall repair is extra and does not replace your other legal remedies. Check the VIN now, and keep a screenshot of the result and the date.

What if a city street design played a part in the crash?

A claim against Tempe is due within 180 days, filed with the City Clerk's Office. That deadline is much shorter than the 2 years for a private claim.

Does the repair have to be free?

For a recalled defect, yes. The maker must fix it without charge. Ask the dealer to write down the repair date.

How do I tell if the seat belt or the crash caused the injury?

The recorder may show whether belts were buckled, but only an expert can read it with the car's help. Don't repair or sell the car before that happens. If Tempe Police towed it, call the Impound Unit at 480-350-8465 first.

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Sources (29)

  1. ADOT, Check for Vehicle Recalls, checked 2026-11-09. “The first way is through the MVD customer portal AZMVDNOW.gov.”
  2. NHTSA, checked 2026-11-09. “you'll learn if a specific vehicle needs to be repaired as part of a recall”
  3. 49 U.S.C. § 30120, checked 2026-11-09. “shall remedy the defect or noncompliance without charge when the vehicle or equipment is presented for remedy”
  4. NHTSA, Motor Vehicle Safety Defects and Recalls, checked 2026-11-09. “the recall remedies are in addition to other available legal remedies”
  5. A.R.S. § 12-551, checked 2026-11-09. “shall be commenced and prosecuted within the period prescribed in section 12-542”
  6. 49 CFR 563.11, checked 2026-11-09. “typically 30 seconds or less”
  7. Tempe Police, Vehicle Impound Unit, checked 2026-11-08. “the towing company is not allowed to release an impounded vehicle without paperwork from the Tempe Police Department”
  8. Arizona DPS, Request Records, checked 2026-11-08. “Please wait at least 14 days to check on report availability”
  9. A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
  10. NHTSA, checked 2026-11-09. “A safety recall that has already been repaired.”
  11. ADOT, Check for Vehicle Recalls, checked 2026-11-09. “Even with alerts and warnings emailed or mailed by manufacturers, millions of recalled vehicles go unrepaired every year.”
  12. NHTSA, Motor Vehicle Safety Defects and Recalls, checked 2026-11-09. “Call 888-327-4236”
  13. ADOT, Check for Vehicle Recalls, checked 2026-11-09. “Sometimes just one complaint is enough to trigger a safety recall.”
  14. Arizona DPS, Request Records, checked 2026-11-08. “maintains records for collisions (accidents) that were investigated by DPS Troopers occurring on an Interstate or State Highway”
  15. Arizona DPS, Request Records, checked 2026-11-08. “If the report you are requesting was the result of a collision that occurred on a town, city or county road, contact the law enforcement agency in that jurisdiction.”
  16. Tempe Police, Public Records Request, checked 2026-11-08. “Accident reports approved for public release are available online from November 1, 2021 to the present.”
  17. Driver Privacy Act of 2015, checked 2026-11-09. “may not be accessed by a person other than an owner or a lessee”
  18. NHTSA, checked 2026-11-09. “subject to recall due to a safety defect that may cause them to explode and result in serious injury or death”
  19. NTSB, HWY18MH010, checked 2026-11-08. “struck a female pedestrian walking across the northbound lanes of N. Mill Avenue in Tempe, Arizona”
  20. A.R.S. § 12-684, checked 2026-11-09. “the manufacturer shall indemnify the seller for any judgment rendered against the seller”
  21. A.R.S. § 12-683, checked 2026-11-09. “conformed with the state of the art at the time the product was first sold by the defendant”
  22. A.R.S. § 12-2505, checked 2026-11-08. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
  23. ADOT, Broadway Curve project complete, checked 2026-11-08. “With more than 300,000 vehicles passing through the I-10 Broadway Curve area on an average weekday”
  24. A.R.S. § 33-931, checked 2026-11-09. “is entitled to a lien for the care and treatment or transportation of an injured person”
  25. Arizona Department of Health Services, Designated Trauma Centers, checked 2026-11-08. “Banner Desert Medical Center 1400 South Dobson Rd., Meza, AZ 85202 06/10/24 06/10/27”
  26. Centers for Medicare & Medicaid Services, checked 2026-11-09. “claims where the beneficiary must repay Medicare”
  27. A.R.S. § 28-4009(A)(2)(b), checked 2026-11-08. “(i) $25,000 because of bodily injury to or death of one person in any one accident. (ii) Subject to the limit for one person, $50,000 because of bodily injury to or death of two or more persons in any one accident. (iii) $15,000 because of injury to or destruction of property of others in any one accident.”
  28. City of Tempe, Risk Management, checked 2026-11-08. “claims must be filed with the City Clerk's Office within 180 days after the cause of action accrues”
  29. Tempe Police, Tow Company Information, checked 2026-11-08. “please contact the Tempe PD Vehicle Impound Unit at 480-350-8465”

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