Takata Bankruptcy Claim Types

Takata Airbag Injury Claim Fund

Airbag lawyer Jason Turchin has handled several airbag injury cases against Takata. Recently, several claim funds have been set up to help settle airbag injury claims against Takata. Florida Airbag Attorney Contact us now to find out if you are entitled to compensation for an airbag injury through one of the Takata settlement funds at (800) 337-7755.

IRF Claims. What is an IRF Claim?

An IRF Claim is a claim for compensation from the Takata Individual Restitution Fund.

The IRF is the personal injury and wrongful death restitution fund overseen by the Special Master and established under the Restitution Order.

How do I Know if I Have an IRF Claim?

You may be eligible to file a claim for compensation from the IRF if:

1. You have suffered personal injury or wrongful death caused by a Takata Airbag Inflator Defect
2. At the time the Takata Airbag Inflator Defect accident occurred:
   1. You were in a vehicle located or registered in the United States, its territories, or its possessions or
   2. You are a United States citizen or permanent resident (wherever the Takata Airbag Inflator Defect accident occurred)
3. If you have not already resolved his or her claim against Takata.

An IRF Claim is available to you if you were either the driver or a passenger in a vehicle with a Takata Airbag Inflator Defect.

Please note that the IRF will not compensate non-U.S. citizens or non-permanent residents who were injured or suffered wrongful death outside of the United States, its territories, or its possessions in a vehicle that is not registered in the United States.

If you do not meet the eligibility requirements for IRF Claims, you may still qualify for one of the other types of claims based on a Takata Airbag Inflator Defect.

Please read the eligibility information below with respect to Trust Claims and POEM Claims to see if you qualify.

Trust Claims – POEM Claims

Takata Trust Claims. What is a Trust Claim?

A Trust is a claim that must be resolved through the Takata Airbag Tort Compensation Trust Fund (the “TATCTF”). The TATCF is overseen by the Trustee and established in connection with Takata’s Chapter 11 Plan of Reorganization in the Bankruptcy Court for the District of Delaware.

How do I Know if I’m Eligible for a Trust Claim?

You are eligible to file a Trust Claim for compensation from the TATCTF if you or a loved one has suffered personal injury or wrongful death caused by the Takata Airbag Inflator Defect, provided that you have not already resolved your claim against Takata and that you or a loved one:

1. Are a United States citizen or permanent resident of the United States or any of its territories or possessions, wherever the injury or death occurred
2. Were injured or suffered wrongful death in an accident that occurred in the United States or any of its territories or possessions
3. Were injured or suffered wrongful death in a vehicle registered in the United States or any of its territories or possessions.

If you cannot not satisfy any of the criteria set out in (1), (2), or (3) above, you may still be eligible if you:

1. Could have been asserted in a complaint filed in any court in the United States or any of its territories or possessions against one or more of the Takata debtors in the Chapter 11 Bankruptcy Cases in the Bankruptcy Court1 (for purposes of this analysis, as if the Takata Chapter 11 Bankruptcy Cases had not been filed); and (b) such complaint, if filed, would have withstood challenge on a motion to dismiss (or other dispositive motion) upon the grounds of lack of jurisdiction (e.g., lack of subject matter jurisdiction) and/or on forum selection grounds (e.g., under the forum non conveniens doctrine).

If you do not meet the eligibility requirements for a Trust Claim, you may still qualify for one of the other types of claims based on a Takata Airbag Inflator Defect.

Please read the eligibility information below with respect to Trust Claims and POEM Claims to see if you qualify.

Trust Claims – POEM Claims

POEM Claims. What is a POEM Claim?

A POEM is a claim against a Participating Original Equipment Manufacturer. As of now, The only manufacturers are Honda and Acura.

POEM Claims must be resolved through the TATCTF overseen by the Trustee.

Am I Eligible for a POEM Claim?

Honda/Acura is currently the only POEM. Therefore, only those who were injured or suffered wrongful death as a result of a Takata Airbag Inflator Defect in a vehicle sold or manufactured by Honda/Acura are eligible to file a POEM Claim.

You or a loved one may be eligible if your claim:

1. Is brought by a citizen of the United States or permanent resident, wherever the injury or death occurred
2. Arises from an accident that occurred in the United States or any of its territories or possessions, regardless of whether you are a citizen or permanent resident of the United States; or .
3. Involves a vehicle registered in the United States or any of its territories or possessions

Note that you may not bring a POEM Claim if you have already resolved his or her claim against the POEM.

If you do not meet the eligibility requirements for a POEM Claim, you may still qualify for one of the other types of claims based on a Takata Airbag Inflator Defect.

Please read the eligibility information below with respect to Trust Claims and POEM Claims to see if you qualify.

Trust Claims – POEM Claims

For more information on Florida airbag defect injury claims, click on the link.