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Takata Airbag recall is ending


enigma-2

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Well they finally reached an agreement and the airbag recall is ending. I'm posting below the contents of a "postcard" (for lack of a better term), which describes the end of the opt out period as being November 26, 2018. (That's only a month away).

 

After I received this yesterday, I called my local dealer (as they have been dragging their feet and told them I wanted to get my airbag replaced. The agent asked what type of car I had, I told him a 2009 Lincoln MKX, and he told me I had to come in for them to look at it. (Curious!) Asked why and he said that it involves replacing part of the instrument panel and not just an "airbag". (That we the reason that Ford/Lincoln delayed me for so long. It's all one assembly and custom order. So I immediately drove over and he checked my car. (Needed to determine the interior color, type of wood finish and a couple of other things, so they can order the exact replacement.) Asked if it would take a couple of days before it came in, was told 5-10 days. They have to order it from the factory and could take more!

 

So if you haven't had your bags changes yet ......... the end is near.

 

[front]
Auto Airbag Settlement
Settlement Notice Administrator
PO Box 3207
Portland, OR 97208-3207
THIS IS NOT A VEHICLE RECALL NOTICE
Important Legal Notice from the United States District Court for the Southern District of Florida.
This is a notice of a class action settlement, not a notice of a vehicle recall. If you have received a recall notice for your Ford. Lincoln, or Mercury vehicle and have not yet had your Takata airbags repaired. you should do so as soon as possible. However. your vehicle may not be recalled. or may be recalled for repair at a later date (refer to NHTSA website safercar.gov for the list of recalled vehicles and recall service schedule). Please call the toll free number or access the website noted below if you have any questions. When recalled Takata airbags deploy, they may spray metal debris toward vehicle occupants and may cause serious injury.
[back]
Current and former owners and lessees of certain Ford, Lincoln, or Mercury vehicles with a Takata airbag may be entitled to a payment from a class action settlement.
A $299.1 million Settlement has been reached in a class action lawsuit alleging that Ford Motor Company ("Ford") manufactured and sold vehicles that contained allegedly defective airbags made by Takata Corporation and its affiliates ("Takata"). Ford denies the allegations in the lawsuit, and the Court has not decided who is right. The $299.1 million Settlement Amount less a 20% credit for the Enhanced Rental Car/Loaner Program, will be funded over time and will be used for all relief and associated costs, as further discussed in the Settlement Agreement. The purpose of this notice is to inform you of the class action and the proposed settlement so that you may decide what to do.
Who's Included? Ford's records indicate that you may be a Class Member.
The Settlement offers potential payments and other benefits to current and former owners and lessees of certain Ford, Lincoln or Mercury vehicles that have or had Takata airbags, which are, may or will be subject to a Recall ("Subject Vehicles"). A complete list of Subject Vehicles currently included in the Settlement is posted on the www.AutoAirbagSettlement.com Settlement Website. This Settlement does not involve claims of personal injury.
What Are the Settlement Terms?
The Settlement offers several benefits, including reimbursement of reasonable out-of-pocket expenses related to the Takata airbag recall, an Enhanced Rental Car/Loaner Program for owners or lessees of certain Subject Vehicles, an Outreach Program to maximize completion of the recall remedy, additional payments to Class Members from residual Settlement funds, if any rentain, up to a maximum of $500, and a Customer Support Program to help with repairs associated with replacement airbag inflators. For further details about the Settlement, including the relief, eligibility, and release of claims, you can review the Settlement Agreement at the website, www.AutoAirbagSettlement.com.
How Can I Get a Payment?
You must file a Claim to receive a payment during the first four years of the Settlement. Visit the website and file a Claim online or you can download one and file by mail. The deadline to file a Claim will depend on the recall or repair date of your Subject Vehicle and will be at least one year from the date the Settlement is finalized. All deadlines will be posted on the website when they are known.
Your Other Options.
If you do not want to be legally bound by the Settlement, you must exclude yourself by November 26, 2018. If you do not exclude yourself, you will release any claims you may have against Ford and the Released Parties and be eligible to receive certain settlement benefits, as more fully described in the Settlement Agreement, available at the Settlement Website. You may object to the Settlement by November 26, 2018. You cannot both exclude yourself from, and object to, the Settlement. The Long Form Notice available on the website listed below explains how to exclude yourself or object. The Court will hold a hearing on December 11, 2018 to consider whether to finally approve the Settlement and a request for attorneys' fees of up to 25% of the Settlement Amount and awards of $5,000 to each of the Class Representatives. You may appear at the hearing, either yourself or through an attorney hired by you, but you don't have to. For more information, call or visit the website below.
1-888-735-5596 www.AutoAirbagSettlement.com

 

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The language that caught my attention, were the words "an Outreach Program to maximize completion of the recall remedy ...". It's possible that they may not be able to repair certain cars, such as my 09 - we'll see, and if so, they are looking at making a payoff. In any case, they are definitely looking to bring this to an end. They now have a total payoff number ($299.1 million) and if past experience is any example, that's the start of the end game. In any recall, not everyone gets their product fixed. Fixing a deadline is the start however. The opt-out in less than 30 days now, not much warning especially since the notice looked like an advertising flyer.



The best action to take (in my opinion) is, if you haven't had your airbags replaced yet, contact Ford dealer and 'get eeerrrrrr done'.


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Yea this is all just from lawyers, this has nothing at all to do with Takata or Ford. This payout is just to compensate you for "inconvenience", it does not mean your recalled vehicle won't be fixed. A recall is a recall, it's regulated by the government, not lawyers. Accepting a payout doesn't mean your vehicle is no longer subject to recall, in many states you wouldn't be able to sell a vehicle if the recall hasn't been completed, even if you accepted some kind of payout.

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Recalls never end. The settlement is for additional compensation such as loaners for those affected by the recall. It's pretty plain English.

Thats a silly thing to say, of course there is an end. No auto manufacture will go on forever; its too expensive.

 

According to the the latest estimates, the last recall will start in 2020 and it will end in either late 2022 or early 2023. (They assume each group of recalls will take 2.5 years to complete.) Its assumed that possibly only 80% of all vehicles affected (not just Ford/Lincoln) will be fixed. Thete will always be cars on tne road with a defective airbag.

 

Heres an excellent, up-to-date article on where the Takata airbag recall stands.

 

https://www.consumerreports.org/recalls/will-the-takata-airbag-recall-ever-end/

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There is no time limit that ends safety recalls but there are certain other time limits. For example, a manufacturer is not required to provide recall repairs free of charge for vehicles more than 10 years old. So at some point the recall will end because the remaining affected vehicles are more than 10 years old (age based on date of delivery to initial owner).

Edited by TheWizard
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Thats a silly thing to say, of course there is an end. No auto manufacture will go on forever; its too expensive.

 

The auto manufacturers have to assume that they will have to pay for every recalled vehicle to be repaired. That's the law. They can't just stop because they don't want to pay anymore.

 

In the end though there's always a large number of vehicles that don't get the recall because they've been wrecked. stolen or otherwise destroyed.

Edited by Waldo
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From NTHSA site:

 

https://www-odi.nhtsa.dot.gov/recalls/recallproblems.cfm

"Each notification letter must contain the following information:
  • describe the defect or noncompliance;
  • the risk or hazard posed by the problem, including any warning of the problem;
  • a brief description of the free remedy, including when the remedy will be available and how long the repair will take; and
  • a description of what the owner can do if the owner is unable to have the problem corrected within a reasonable time and without charge.

Remedy without charge means the repair, replacement, or repurchase of the vehicle or item of equipment that will correct the safety defect or noncompliance. The manufacturer initially decides what the remedy will be, but it may be changed if it is not effective. Owners should have the recall work completed as soon as possible. Recalls involving tires are specifically limited in the Safety Act such that the owner must have the recall work completed within 60 days of receiving notification that it must be done. All other safety recalls are in effect for the life of the product."

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I'm afraid I don't get the distinction... if the repairs will continue indefinitely with an anticipated completion date sometime in 2023 then what does "the recall is set to end in 2020" refer to? What will end?

 

The recall and the repairs are not apples and oranges - the recall IS the repairs.

Edited by TheWizard
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The recall and the repairs are not apples and oranges - the recall IS the repairs.

Edmunds answered it best. "While car recalls don't have an expiration date, they are only enforced for "reasonable periods," the agency (NHTSA) says. Basically, a recall is over if a vehicle's manufacturer goes out of business, or if the parts needed to make the necessary repair are no longer being made."

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Edmunds answered it best. "While car recalls don't have an expiration date, they are only enforced for "reasonable periods," the agency (NHTSA) says. Basically, a recall is over if a vehicle's manufacturer goes out of business, or if the parts needed to make the necessary repair are no longer being made."

 

But neither of those things is going to happen in 2020.

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  • 2 weeks later...

I got the letter that my airbag was available for replacement.  I called the local Ford dealer and they said the car had to be inspected before the bag was ordered.  They told me that I needed to make an appointment for an inspection.  Minimum waiting time was 2 1/2 weeks and I couldn't bring it in without an appointment.  I called another dealer who asked me for the vehicle ID and told me he ordered the airbag.  I asked if they needed to look at the car and he told me that he had all the info from the ID#.   It will be in in about a week and then I need an appointment for installation.   Some dealers are better than others I guess.

Finally, I can put my mother-in-law in the back seat again.;) 

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Except that the dealer isn't losing any money from the "non-paying" customers... the dealer gets reimbursed by Ford for both parts and labor (granted, it's a flat rate job) so they have no reason to discourage customers.  However, they may be overwhelmed with work and not want to add technicians for an increased work load that will be winding down.

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