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TAKATA AIRBAG INDIVIDUAL RESTITUTION FUND


Frequently Asked Questions

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These Frequently Asked Questions will be updated periodically to provide current information regarding the Individual Restitution Fund and compensation process.

GENERAL INFORMATION

1. What is the Individual Restitution Fund (the “IRF”)?

2. What is the “IRF Methodology”?

3. How does the Individual Restitution Fund relate to the Takata airbags Multi-District Litigation?

4. How does the Individual Restitution Fund relate to the Takata bankruptcy proceedings?

5. What is the Takata Airbag Tort Compensation Trust Fund (“TATCTF”)?

6. What is the “TDP”?

7. What is a Takata Airbag Inflator Defect?

8. Who is the Special Master/Trustee?

9. Who is the Future Claimant’s Representative (the “FCR”) and what is his role?

10. What is an “OEM”?

11. What is a “POEM”?

12. Who is the Claims Administrator?

13. How can I obtain information regarding my claim?

CLAIMS AND CLAIM FORMS

14. What is an “IRF Claim”?

15. What is a “Trust Claim”?

16. What is a “POEM Claim”?

17. What is Extraordinary Circumstances Review?

18. Does a request for Extraordinary Review of an IRF or Trust Claim delay processing and valuing the claim?

19. May the Trustee evaluate a Trust Claim under Extraordinary Review even if the Claimant does not specifically request the Trustee to do so?

20. How do I get a copy of a Claim Form?

21. Do I need to apply to both funds?

22. If I filed a proof of claim in Takata's Chapter 11 Bankruptcy case, do I have to submit a Claim Form to apply for compensation from the IRF and the TATCTF?

23. Does it cost anything to file a claim?

24. Do I need a lawyer to file a claim?

25. What is a Legal Representative?

26. Am I able to file a claim on behalf of someone else?

27. How do I submit my claim?

28. What documentation is needed in order to file a claim?

29. Will I be notified if my submission of my Claim Form is missing information?

30. When can I file my claim?

31. What is the deadline to file a claim?

32. What is a Notice of Claim?

33. If I file a Notice of Claim, do I need to do anything else to complete my claim?

34. Are there different categories of Claim Forms?

35. Do I need to file more than one type of Claim Form?

36. What is the difference between a personal injury or wrongful death and an economic loss?

37. What is the difference between Current and Future Claims?

38. What is a Loss of Consortium Claim?

39. What is a Bystander Claim?

ELIGIBILITY

40. What are the eligibility requirements for an IRF Claim?

41. What are the eligibility requirements for a Trust Claim?

42. What are the eligibility requirements for a POEM Claim? (Honda/Acura or Nissan/Infiniti Vehicles Only)

43. If my vehicle is subject to a recall, but I haven’t been injured in an accident, am I eligible to file a claim?

44. If my Takata airbag inflator did not deploy in an accident and I was injured, am I eligible to file a claim?

45. If I was injured by my airbag in a crash, do I qualify for relief from the IRF or TATCTF?

46. If my Takata airbag inflator deployed in an accident and I was injured, but the vehicle was manufactured or sold by a company other than Honda/Acura or Nissan/Infiniti, am I eligible to file a claim?

47. If I already settled with Takata, Honda/Acura, or Nissan/Infiniti, am I eligible to file a claim?

48. If I received a payment from my car insurance or the other driver’s car insurance, am I eligible to file a claim?

49. If I have a lawsuit pending against a third party (for example, another driver), am I eligible to file a claim?

50. If I choose not to file a claim, am I still able to file a lawsuit against the POEM (Honda/Acura or Nissan/Infiniti) or another car manufacturer?

51. I was in an accident in a car that was not a Honda/Acura or Nissan/Infiniti vehicle and I am going to file a claim with the IRF and TATCTF; can I also file a lawsuit against the auto manufacturer after I resolve my claim with the Special Master/Trustee?

52. Am I still eligible to file a claim even if I no longer have possession of my car?

53. After my accident, I had the airbags replaced and no longer have in my possession the airbag that was involved in my accident; am I still eligible to file a claim?

54. If I wasn’t injured in the accident in which a Takata airbag inflator deployed but my car sustained damage, am I eligible to file a claim?

55. Passengers in my car were injured or suffered wrongful death, are they eligible to file a claim?

56. If the accident was my fault, am I eligible to file a claim?

57. Are economic losses, such as lost earnings, compensable?

RUPTURE

58. What is a Takata airbag inflator “rupture”?

AGGRESSIVE DEPLOYMENT

59. What is an “aggressive deployment?”

60. How do I know if I qualify for relief for an Aggressive Deployment Claim?

61. How do I know if my Takata inflator is a dual-stage?

62. What is a delayed deployment of a Takata PSAN dual-stage inflator?

63. How do I show that a delayed deployment occurred during my crash?

64. How do I demonstrate that the inflator canister was over-pressurized?

65. If I am alleging an aggressive deployment claim and I do not have my automobile or inflator available, what must I do?

66. What is an “enhanced injury?”

67. If I am alleging an aggressive deployment, does the automobile manufacturer have an opportunity to submit evidence to the Special Master/Trustee in response to my claim?

VEHICLE, ACCIDENT AND INJURY INFORMATION

68. How do I know if my vehicle had a defective Takata PSAN airbag inflator at the time of the accident?

69. Should I take photographs of my vehicle and airbag inflator?

70. Should I take photographs of any pieces or components ejected from the airbag inflator during deployment?

71. Should I take photographs of any injuries I sustained as a result of the accident?

72. Do I need to have a physical examination if I have sustained injuries as part of my claim?

73. What is an Independent Medical Examination (“IME”)?

74. Can my own doctor conduct a physical examination?

75. What information about my vehicle is necessary to include in my claim?

76. Where can I find my Vehicle Identification Number (“VIN”)?

77. Will my car and/or its airbag inflator need to be inspected and, if so, by whom?

78. What is an Abbreviated Injury Scale (“AIS”) 5-rated injury?

79. Can my doctor and the Special Master/Trustee communicate about my injuries?

CLAIM DETERMINATION AND NOTIFICATION

80. How will I be notified of the Special Master/Trustee’s decision?

81. How will I receive payment?

82. Do I have to pay taxes on my award?

83. Will I need to sign a release and, if so, will I be giving up the right to sue certain parties or individuals?

84. If I have medical liens relating to my accident, how will that affect my compensation?

85. How are values assigned to my claims?

86. If my IRF, Trust and POEM Claims are all compensable, how will the amount of my award be determined?

87. What is the Valuation Schedule?

88. What is the Scheduled Claim Process?

89. What are Global Adjustment Criteria?

90. What is Stacking?

APPEALS

91. If I disagree with the Special Master/Trustee’s decision regarding my claim, what can I do?

92. What is Supplemental Review?

93. Can a Claimant still request Supplemental Review if a Trust Claim has been awarded additional points resulting from the Trustee’s application of Extraordinary Review?

94. What factors will the FCR consider during Supplemental Review?

95. What is the process to seek Supplemental Review of a compensability determination or a point award that has been made by the Trustee?