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:
(a) 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.