As part of our implementation of the Takata Airbag Tort Compensation Trust Fund and the Individual Restitution Fund, we are continually monitoring the number and severity of submitted and eligible claims and the projections of future claims in order to be sure that the Trust and the Fund will be able to compensate all eligible claims consistently. Recently, an unexpected increase in the value of eligible claims has created concerns about whether the current point values are sustainable over the projected lives of the Trust and the Fund. In response, the Trust and Fund have asked its claim administrators and economic experts to reexamine their projections and cash flow analyses and to advise the Trust and Fund of any actions that should be taken, including but not limited to changes in the dollar value of an awarded compensation point, to ensure consistent, sustainable treatment of claimants through the projected lives of the Trust and Fund. This process may take some weeks to complete. In the meantime, the Trust and Fund will hold off making any new award valuations. Outstanding valuations will be honored at the current point values.
Overview
This is the website of the Takata Airbag Tort Compensation Trust Fund (“TATCTF”). The TATCTF was established in connection with Takata’s Chapter 11 Bankruptcy Plan of Reorganization to compensate 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”). The TATCTF is separate from the Individual Restitution Fund (“IRF”), established by the United States District Court for the Eastern District of Michigan (the “District Court”) as part of Takata's criminal plea, but the two funds will complement each other and work in tandem. Eric D. Green serves as both the Court-appointed Trustee of the TATCTF and Special Master of the IRF.
Only individuals who have suffered personal injury or wrongful death caused by a Takata Airbag Inflator Defect may seek compensation from the TATCTF and IRF.
Claim Types
Claimants who have suffered personal injury or wrongful death caused by a Takata Airbag Inflator Defect may bring up to three types of claims at the same time by submitting only one Claim Form, either a Personal Injury Claim Form or a Wrongful Death Claim Form.
- IRF Claim. A Claimant may submit a claim for compensation from the IRF, the personal injury and wrongful death restitution fund established under the Restitution Order entered by the District Court on February 27, 2017 in U.S. v. Takata Corporation, Case No. 16-cr-20810, in conjunction with Takata’s guilty plea. This is called an “IRF Claim.” For information about the eligibility criteria for an IRF Claim, click here.
- Trust Claim. A Claimant may also submit a claim for compensation from the TATCTF established in connection with Takata’s Chapter 11 Bankruptcy Plan of Reorganization, which was confirmed by the United States Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”) on February 21, 2018. This is called a “Trust Claim.” For information about the eligibility criteria for a Trust Claim, click here.
- POEM Claim. Certain Claimants may also submit a claim to the TATCTF against a Participating Original Equipment Manufacturer (the automobile manufacturer, or “POEM”). This is called a “Participating OEM Claim” or “POEM Claim.” Currently, the only POEMs are Honda/Acura and Nissan/Infiniti. Only individuals who were injured or suffered wrongful death caused by a Takata Airbag Inflator Defect in a Honda/Acura or Nissan/Infiniti vehicle are eligible for a POEM Claim. For information about the eligibility criteria for a POEM Claim, click here.
Future Claimants’ Representative (“FCR”). The FCR was appointed by the Bankruptcy Court as the legal representative for individuals who sustained, or will sustain, personal injury or wrongful death caused by a Takata Airbag Inflator Defect after June 25, 2017. The FCR is Roger Frankel. For additional information about the FCR, click here.
Deadlines for Filing a Claim
A Claim Form or Notice of Claim asserting an IRF, Trust, and/or POEM Claim must be postmarked or submitted electronically through the Special Master/Trustee’s claim filing website, www.TakataInjuryClaimSubmission.com by the following deadlines:
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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 Trustee’s website no later than April 10, 2021. Please note that to be considered a Current Claim, a Claim Form must be submitted on or before August 31, 2018. All Claims submitted after August 31, 2018 will be considered Future Claims. For more information on Current Claims, click here.
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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 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.
For all three types of claims, Claimants may elect to initially file a Notice of Claim rather than a Claim Form. You can view and download a Personal Injury Claim Form, Wrongful Death Claim Form or Notice of Claim by clicking here. Claimants will not be eligible for compensation until a full Claim Form and sufficient supporting documentation have been submitted. Please carefully review the directions in the Claim Forms and Notice of Claim Form for additional information.
** IMPORTANT: Vehicle airbag and inflator parts should be retained at least until
an inspection has been made in connection with the vehicle involved in the accident. **
Additional Information
You are not required to hire a lawyer to file a claim.
You may file a claim on your own or with the assistance of a lawyer. If you are filing on your own and you need assistance filing your claim, you may contact the Claims Administrator by email at Questions@TakataAirbagInjuryTrust.com or by phone toll-free at (888) 215-9544. In some cases, the Claims Administrator may be able to provide you with contact information for legal service providers from whom you may be able to obtain legal advice directly.
If the Takata Airbag Inflator Defect occurred in a vehicle other than a Honda/Acura or Nissan/Infiniti, and the claim is not a POEM Claim, the statute of limitations (the deadline for bringing a claim) for pursuing your claim through litigation is not tolled or otherwise affected by the claim process through the TATCTF or IRF.
This website will be updated periodically with more information.
To view the press release issued on August 20, 2020, please select from the below English and Japanese language options:
English
Japanese
Updated 2/21/2020
