Settlement FAQs

should you fill out those auto airbag settlement

by Ariane McCullough Published 2 years ago Updated 2 years ago
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If you or a loved one suffered an injury due to a malfunctioning or airbag, you could file a personal injury claim and receive an auto airbag settlement. You could be entitled to compensation for your medical bills, loss of wages, and other damages. Morgan & Morgan is here to help.

Full Answer

When is the deadline to file an air bag settlement claim?

The deadline to file a claim in the air bag settlement for BMW, Honda, Mazda, Nissan, Subaru and Toyota is Aug. 2, 2022, for vehicles owned or leased as of June 9, 2017. BMW, Mazda, Nissan, Subaru and Toyota agreed to an air bag class action lawsuit settlement resolving claims related to a defect in Takata auto air bags.

What are the Takata airbag class action settlements?

These air bag class action settlements will resolve allegations the car companies manufactured, distributed or sold vehicles that contain Takata air bags with allegedly defective deflators that, when deployed, could cause the airbag to rupture and expel debris or shrapnel into the vehicle.

Why did Honda decide to settle the lawsuit?

Both sides in the lawsuit agreed to a settlement in order to increase recall completion rates and to avoid the cost and risk of further litigation, with the goal of enhanced customer satisfaction. As a result of the Settlement, the Class Members can get the benefits of the Settlement and in exchange, Honda received a release from liability.

How do I receive a payment for the Takata airbag recall?

To receive a payment, you must either (1) file a Registration/Claim for reimbursement of the reasonable expenses you incurred related to the Takata Airbag Recall, or (2) file a Registration/Claim for a Residual Distribution of up to $250.

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Is the auto airbag settlement check legit?

It's not a scam. You got this notice because you may be able to claim money as part of a recent class action settlement. You're not alone. Thousands are starting to receive these notices – including a couple of us here at ClassAction.org.

How much is the Takata airbag settlement per person?

After the Final Registration/Claim Deadline, if enough money remains in the Settlement Fund and it is administratively feasible, the remaining money will be paid to all Class Members who registered/submitted a claim for a Settlement Payment on a per capita basis, up to a maximum of $250 per Class Member.

Is the auto airbag settlement taxable?

It will come as no great surprise that the answer is almost universally yes. Settlement money counts as income, and the amount, including any interest on the award, must be declared accordingly.

How much are the Toyota settlement checks?

U.S. Judge James Selna is weighing final approval of a $1.1 billion settlement in Santa Ana, Calif., Bloomberg News reports. He has already approved a preliminary agreement. Of that, the agreement includes $757 million in cash and $875 million in "non-monetary benefits" for owners or former owners of Toyota vehicles.

How much is the airbag settlement?

Four of the world's largest automakers have agreed to settle economic damage claims caused by exploding Takata airbags and their subsequent recall.

Is airbag class action Real?

In a decision regarded by the car industry as a victory for common sense, the Supreme Court of NSW has dismissed a civil class action against Volkswagen over potentially faulty Takata airbags that had been replaced during a recall – and which had not been deemed responsible for any fatalities here or overseas.

Do I have to report settlement money to IRS?

The general rule of taxability for amounts received from settlement of lawsuits and other legal remedies is Internal Revenue Code (IRC) Section 61 that states all income is taxable from whatever source derived, unless exempted by another section of the code.

Do I have to report personal injury settlement to IRS?

The compensation you receive for your physical pain and suffering arising from your physical injuries is not considered to be taxable and does not need to be reported to the IRS or the State of California.

Will I get a 1099 for a lawsuit settlement?

If your legal settlement represents tax-free proceeds, like for physical injury, then you won't get a 1099: that money isn't taxable. There is one exception for taxable settlements too. If all or part of your settlement was for back wages from a W-2 job, then you wouldn't get a 1099-MISC for that portion.

How many lawsuits does Toyota have?

Since the Toyota recalls, nearly 200 class action lawsuits have been filed in both state and federal courts.

How much is the Toyota class action?

More than 260,000 Toyota drivers are being asked to sign up from Monday to a potential $2 billion lawsuit against the manufacturer. It follows a Federal Court ruling in April that certain versions of the Toyota HiLux, Prado and Fortuner had defective diesel particulate filters.

What is Toyota being sued for?

In April, the Federal Court found that Toyota Hilux, Prado, and Fortuner diesel vehicles sold from October 1, 2015 to April 23, 2020, had a defect, and that the car giant had engaged in misleading or deceptive conduct while marketing and selling the cars.

Is the Takata airbag settlement real?

The parties to the Takata Airbag Class Actions have agreed to a proposed settlement of $52 million and intend to shortly apply to the Court for approval of that settlement on behalf of the plaintiffs and group members.

How much money did Takata lose?

Takata has lost almost all of its market value from its 2007 peak of 400 billion yen ($3.6 billion).

How serious is the Takata airbag recall?

The National Highway Traffic Safety Administration says there will be 65-70 million defective Takata airbag inflators recalled by 19 automakers by the end of 2019. Roughly 41.6 million vehicles equipped with 56 million defective Takata airbags, are now under recall.

Is there a class action against Toyota?

Toyota has appealed against a class action ruling which could see more than 260,000 car owners receive damages of about $2bn, but concerns remain about the environmental impact of the faulty diesel particulate filters that caused the problems with some of Australia's most popular vehicles.

What Determines the Value of a Defective Airbag Case?

Many factors will affect the settlement or award value in a defective airbag case. These include:

Are There Times When Airbags Should Not Deploy?

Airbags only deploy under specific circumstances. For example, they may not activate if the speed, impact direction, and other crucial requirements are not met. As such, just because an airbag didn’t deploy doesn’t mean it’s defective.

How long have Takata airbags been recalled?

It has been nearly 10 years since automakers began recalling vehicles for exploding Takata airbags and four years since regulators began to investigate the defect.

Why do Takata airbags explode?

The Takata airbags can explode because the ammonium nitrate that’s used in them can become unstable over time, especially after exposure to temperature fluctuations and periods of constant high humidity. That can lead to inflators exploding with an unexpectedly violent force and spraying metal shrapnel.

Where are Takata airbags most dangerous?

NHTSA gave priority at the beginning of the process to hot and humid parts of the country, such as Gulf Coast states, where the danger from Takata airbags was considered to be the most severe.

What is the problem with the NHTSA?

The Center for Auto Safety, a Washington-based watchdog group, says the real problem is that manufacturers aren’t living up to the terms of NHTSA’s legal agreement with them, and that the agency isn’t pushing the industry hard enough to comply.

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Can you sue Ford for airbag damage?

And they won't have to give up their right to sue separately if they’re involved in a crash where an airbag caused an injury or property damage.

You May Have a Product Liability Claim for a Faulty Airbag

In a typical car accident in which the other driver is at fault and you suffered injuries, you have a right to file a claim with their insurance company for your damages. If you cannot reach an acceptable settlement amount, you have the right to sue that driver for negligence in causing your injuries.

Proving Product Liability Claims in Airbag Malfunction Cases

If a vehicle’s airbags failed though they were used as intended, they likely qualify as an unreasonably dangerous product. In this case, you may have a product liability claim against various parties involved in developing and producing the airbags.

Damages You May Recover in a Car Accident Involving an Airbag Malfunction

If another driver was responsible for the crash, you may be able to secure some damages from them. Meanwhile, compensation for an airbag malfunction will require a separate case. Damages that you may be able to recover through a settlement or jury award include:

Getting a Settlement Takes Patience and Hard Work

How can you determine what a fair settlement looks like in your case and recover that amount from the liable party or parties? A personal injury lawyer may be able to assist you. They can:

Can I Join a Class Action Lawsuit After Airbags Failed to Deploy?

If you were injured by a faulty or ineffective airbag, other people may have also suffered injuries from that same type and brand of airbag. When the same product injures multiple people, they may be able to join together to fight the designer, manufacturer, or distributor in what is called a class action lawsuit.

Get Started Immediately Before Time Runs Out to File Your Claim

Although the average settlement for airbags not deploying can vary substantially, you should take quick action to get information about your legal rights when you are in this type of situation. You have a limited time to get legal help and file a lawsuit to recover compensation for your injuries.

Contact Us for Help with Your Case Today

Call the office of Laborde Earles Injury Lawyers for a free consultation about your case. You may be entitled to damages when an airbag malfunction causes or worsens your injuries in a car accident. We can handle your claims for you, whether against a negligent driver, manufacturer, or both. You can reach us at (337) 777-7777.

What car companies are involved in the Takata Airbag lawsuit?

The lawsuit alleges that certain car companies, including Honda, manufactured, distributed, or sold vehicles with defective Takata airbag inflators. The inflators can, upon deployment, rupture and expel debris or shrapnel at the driver or passenger and/or otherwise affect the airbag’s deployment, and that the Plaintiffs sustained economic losses as a result.

How to contact Honda Settlement?

If you are not sure whether you are included in the Class, you may review important documents regarding the Honda Settlement on the Documents section of the website or you may contact the Settlement Notice Administrator, toll-free, at 1-888-735-5596. Back To Top.

Why did Honda settle the recall lawsuit?

Both sides in the lawsuit agreed to a settlement in order to increase recall completion rates and to avoid the cost and risk of further litigation , with the goal of enhanced customer satisfaction. As a result of the Settlement, the Class Members can get the benefits of the Settlement and in exchange, Honda received a release from liability. The Settlement does not mean that Honda broke any laws or did anything wrong. Furthermore, the Court did not decide which side was right.

What is Honda's lawsuit?

Honda denies that it has violated any law, denies liability, and denies that it engaged in any wrongdoing with respect to the manufacture, distribution, or sale of the Subject Vehicles. Back To Top.

What is a class action?

In a class action, people called “Class Representatives” sue on behalf of other people who have similar claims. All of these people together are the “Class” or “Class Members” if the Court approves this procedure.

When was the Honda settlement final order?

The Final Order Approving Class Settlement and Certifying Settlement Class was entered for the Honda Settlement on February 28, 2018.

Who is the Special Administrator for Honda Settlement?

The Court has directed Patrick A. Juneau of Juneau David APLC to act as the Settlement Special Administrator. Their role in the Honda Settlement is to oversee and administer the Settlement Fund.

How Do I File a Claim and Get Paid?

To receive a payment, you must either (1) file a Registration/Claim for reimbursement of the reasonable expenses you incurred related to the Takata Airbag Recall, or (2) file a Registration/Claim for a Residual Distribution of up to $250. You must submit a completed Claim Form to receive a payment. To do so you will first need to confirm that your VIN number is included in the proposed class action. You will receive your payment by electronic means (unless you opt for an alternative form of payment). You can fill out a claim form depending on which automaker manufactured your car (BMW, Ford, Honda, Mazda, Nissan, Subaru, Toyota, and/or Volkswagen) on the official class action's website HERE .

How Do I Qualify For Payment?

You are part of the settlement if: You are part of the Takata Settlement if you are: A current owner or lessee of a Subject Vehicle distributed for sale or lease in the United States and all of its territories and possessions, as of dates depending on which car you owned or leased; or A former owner or lessee of a Subject Vehicle distributed for sale or lease in the United States and all of its territories and possessions, who sold or returned, pursuant to a lease, a Subject Vehicle after and through certain dates, also depending on which car you owned or leased.

What is the Takata Airbag lawsuit?

The class lawsuit against certain car companies including Honda alleges that those companies distributed, and sold vehicles with defective Takata airbag inflators. The lawsuit claims that these airbags violate state consumer protection laws. So far, Honda denies liability and claims that it did not manufacture and distribute such vehicles.

How much is the Honda settlement?

You will need to provide proof of purchase for you to be paid. The settlement pool is $605 million as proposed with the Honda Motor Co, Ltd. However, the Honda settlement does not include claims for personal injury or property damage that does not relate to the Subject Vehicles.

How does a Takata airbag explode?

It explodes and blows apart a metal canister when it deteriorates. So far more than 20 people have been killed worldwide because of the defect.

Who is expected to settle a class action lawsuit?

It is the court and parties in the lawsuit and their lawyers that help develop the plan to distribute the amount won in the case. The judge is also expected to a settlement if the parties in the class action lawsuit decide to settle.

Why is Honda recalled?

Honda is recalling 1.2 million vehicles in North and Central America because their Takata air bag inflators can explode and send shrapnel into the passenger compartment. YouTube.

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