Takata Airbag Settlement Fund Claims
Individuals who suffered personal injury or wrongful death caused by a defective or malfunctioning inflator manufactured by Takata Corporation or any of its affiliates (“Takata”) may be entitled to compensation under a Takata airbag settlement fund which has now been established. Our law firm has handled several Takata airbag injury claim cases already, more than most law firms in the United States.
A claims process has now been established for individuals who suffered personal injury or wrongful death caused by the rupture or aggressive deployment of a Takata phase-stabilized ammonium nitrate (“PSAN”) airbag inflator (a “Takata Airbag Inflator Defect”). Your time to make a claim may be limited.
TAKATA AIRBAG INFLATOR DEFECT CLAIMS According to the settlement notice, there are three types of claims that can be brought by individuals who suffered injury or wrongful death caused by a Takata Airbag Inflator Defect: (i) an “IRF Claim” for compensation from the Takata Individual Restitution Fund, which is the personal injury and wrongful death restitution fund overseen by the Special Master and established under the Restitution Order entered by the United States District Court for the Eastern District of Michigan; (ii) a “Trust Claim” against Takata, which must be resolved through the Takata Airbag Tort Compensation Trust Fund (the “TATCTF”) overseen by the Trustee and established in connection with Takata’s Chapter 11 Plan of Reorganization in the Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”), and (iii) a “POEM Claim” against a Participating Original Equipment Manufacturer, which presently includes claims against Honda/Acura, and which must be resolved through the TATCTF overseen by the Trustee.
If you meet the criteria for eligibility after a Takata Airbag Inflator Defect caused personal injury or death, you may be eligible to file all three types of claims or you may be eligible for only one or two types of claims. These claim types cover only physical injuries and wrongful death resulting from the rupture or aggressive deployment of a Takata PSAN Airbag Inflator. Injuries or death caused by other airbag components, a failure to deploy, spontaneous deployment, crash injuries unrelated to the inflator, or economic losses unrelated to physical injuries or death are not generally covered under these settlement funds. Our Takata airbag settlement lawyers can assist with the claims process.
1. IRF CLAIMS Eligibility Criteria: An individual is eligible to file a claim for compensation from the IRF if the individual suffered a personal injury or wrongful death caused by a Takata Airbag Inflator Defect.
To be eligible, the claim must:
be for an individual injured in a vehicle located or registered in the United States, its territories, or its possessions; or
a United States citizen or permanent resident (wherever the Takata Airbag Inflator Defect accident occurred);
and the individual has not already resolved his or her claim against Takata.
An IRF Claim is available only to individuals who were either the driver of, or a passenger in, a vehicle with a Takata Airbag Inflator Defect.
2. TRUST CLAIMS Eligibility Criteria: An individual is eligible to file a Trust Claim for compensation if the individual has suffered personal injury or wrongful death caused by the Takata Airbag Inflator Defect, provided that the Claimant has not already resolved his or her claim against Takata.
To be eligible, the claim must:
be brought by a United States citizen or permanent resident of the United States or any of its territories or possessions, wherever the injury or death occurred; or
who was injured or suffered wrongful death in an accident that occurred within the United States or any of its territories or possessions; or
who was injured or suffered wrongful death in a vehicle registered in the United States or any of its territories or possessions.
There may be other ways to qualify.
3. POEM CLAIMS (presently, Honda or Acura vehicles only) Eligibility Criteria: Individuals who were injured or suffered wrongful death as a result of a Takata Airbag Inflator Defect in a vehicle sold or manufactured by Honda/Acura are eligible to file a POEM Claim.
To be eligible, the claim must:
be brought by a citizen of the United States or permanent resident, wherever the injury or death occurred;
arise from an accident that occurred in the United States or any of its territories or possessions, whether or not such claim is brought by a citizen or permanent resident of the United States; or
involve a vehicle registered in the United States or any of its territories or possessions.
A POEM Claim may not be brought by an individual who has already resolved his or her claim against the POEM.
DEADLINES FOR FILING CLAIMS
Claim deadlines have been established, which may bar claims if not timely filed. For a Claim arising out of an accident that occurred prior to April 10, 2018, a “Notice of Claim” or the completed Claim Form must be postmarked or submitted electronically through the Special Master/Trustee’s website no later than April 10, 2021. Our airbag lawyers can help with filing your airbag claim.
For a Claim arising out of an accident occurring on or after April 10, 2018, a “Notice of Claim” or the completed Claim Form must be postmarked or submitted electronically through the Special Master/Trustee’s website by the later of three years from the date of the accident, or the time allowed under the state law applicable to the claim.
INFORMATION AND QUESTIONS ABOUT FILING AN AIRBAG INJURY CLAIM Call us at (800) 337-7755 or submit your inquiry to one of our airbag attorneys for more information about eligibility and for assistance with filing a claim.
