This website is intended to assist persons seeking compensation for personal injury or death caused by malfunctioning Takata airbags.
On February 27, 2017, Takata Corporation entered into a plea agreement with the United States in the United States District Court for the Eastern District of Michigan on charges relating to certain of its airbags which malfunctioned and injured drivers and passengers. The plea agreement created two restitution funds: (1) a $125 million fund to be used solely to compensate people who have suffered or will suffer wrongful death or personal injury caused by the malfunction of a Takata airbag inflator and who have not already resolved their claims against Takata (the Individual Fund); and (2) an $850 million fund to compensate the automakers who were the direct victims of the unlawful actions of Takata resolved by the plea agreement (the OEM Fund). The appointment of a Special Master to administer the two restitution funds was also required by the plea agreement.
On July 31, 2017, Eric D. Green was appointed by United States District Court Judge George Caram Steeh in the Eastern District of Michigan to serve as the Special Master to administer the Takata restitution funds. For the Individual Fund, the Special Master is responsible for developing and administering the claimant compensation process, and for making recommendations to the Court regarding the distribution of funds among claimants. The Special Master is currently developing the procedures and standards for personal injury and death compensation claims. Claim forms and full explanation of how to apply for compensation will be posted on this website in the Fall. Please do not send a claim or materials in support of a claim until claim forms and instructions are posted on this website.
Notification has been sent to interested persons in the Takata Chapter 11 bankruptcy case pending in the Delaware Bankruptcy Court and it contains reference to this website. Please note that the Individual Restitution Fund was created to compensate those who have suffered or will suffer personal injury caused by a malfunctioning Takata airbag. The Individual Restitution Fund does not cover other types of losses, including economic losses, caused by a malfunctioning airbag.
If you have suffered an economic loss, you should know that an Official Committee of Unsecured Tort Claimant Creditors has been formed in Takata’s Chapter 11 bankruptcy case in the Delaware Bankruptcy Court to represent the interests of individual claimants who claim to have suffered, among other things, economic losses resulting from the defective airbags.
If you received a notice regarding the Takata bankruptcy case pending in the Delaware Bankruptcy Court, and have questions relating to that notice or the bankruptcy proceedings in general, please visit TKRestructuring.com.
For further updates regarding the Takata Airbag Individual Restitution Fund, please continue to check this website as updates will be made periodically.
Claims for damages against Takata or auto companies involving Takata airbags, whether in state or federal court or in the Takata Chapter 11 bankruptcy proceeding in Delaware, are distinct and separate proceedings from claims submitted to the Individual Restitution Fund created by the federal court in Detroit and supervised by Special Master Eric D. Green. Special Master Green has no power or jurisdiction over these other claims and they require a potential claimant to follow separate procedures in the appropriate forums. This is explained more fully below:
The Individual Restitution Fund that Special Master Green administers was created to provide restitution to ONLY those persons who have suffered personal injury or death caused by the rupture or aggressive deployment of a Takata phase-stabilized ammonium nitrate (PSAN) airbag inflator. The Individual Restitution Fund does not cover other types of losses, including economic losses, nor does the Individual Restitution Fund assist in arranging for repairs of recalled Takata airbags. Moreover, the total amount of the Individual Restitution Fund is limited to the $125 million provided by Takata Corp. in connection with its guilty plea in the Detroit federal court. This amount may not be sufficient to fully compensate all individuals who have suffered or will suffer personal injuries or wrongful death caused by a malfunctioning Takata PSAN airbag. Accordingly, claimants may choose to attempt to seek compensation separately from the Individual Restitution Fund and also separately in court or through the Takata bankruptcy proceeding.* Special Master Green handles only claims made to the Individual Restitution Fund.
The claim process for the Individual Restitution Fund is currently in development and not yet open to receive claims. Do not attempt to file a claim with the Individual Restitution Fund yet. It is not yet “open for business.” For more information about eligibility and the claim process under the Individual Restitution Fund, please see the FAQs posted on this website. This website will be updated as more information becomes available and as soon as the Individual Restitution Fund is open for receiving claims, the process and Claims Forms will be posted on this website.
* For information on where and how to file a claim in the Takata bankruptcy and the deadlines for doing so, please visit the bankruptcy website at restructuring.primeclerk.com/TakataAirbagInflatorClaim/EPOC-Index.
For general information about the Takata airbag recall, and the defect in certain Takata airbag inflators, please visit https://www.nhtsa.gov/recall-spotlight/takata-air-bags.
For information about the Takata Plea Agreement click here.
If you have any questions, please email us at Questions@TakataSpecialMaster.com or call us toll-free at (800) 574-7035.
This website will be updated periodically. Please continue to check back.