The latest blog post from Frank Azar:
The long road to compensation for those injured or killed in accidents involving defective GM vehicles may be finally coming to an end. As reported in a recent blog post on the West Virginia Legal Examiner, GM has been working with the Center for Automotive Safety, as well as lawyers for the plaintiffs in drawing up the terms of the proposed plan. As it stands, there will be no monetary limit to the fund, and payments will be offered to claimants who had already settled out of court prior to the 2014 recall of the vehicles.
Claimants seeking payments from the fund would be required to prove that the air bags in the vehicle did not go off, a stipulation that is giving critics of the plan pause. How plaintiffs can be expected to prove that the air bags did not engage is anyone’s guess, but some are hoping that claimants whose vehicles powered off would benefit from presumption and be accepted.
The fund will open until the end of 2014 according to recent reports, which has some accusing GM of trying to hurry the process along before the Department of Justice and the NHTSA complete their investigations. Those findings may have relevance upon plaintiff’s claims and critics hope that GM allow victims to wait for results before having to accept payment.
The company has indicated that the fund will only exist to provide payments to parties who were injured or killed due to the defective vehicles, and will not be providing payments to individuals looking for compensation for economic matters. Claims based on complaints of the depreciation of the vehicle’s value will not be considered valid under the current plan.
In the plan as it currently exists, payments going to claimants may range from $20,000 to several million dollars.
Read more at West Virginia Legal Examiner or the Wall Street Journal.
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