Years After Takata Recall, Drivers Still Waiting for New Airbags

The Takata airbag recall is the largest and probably most complex safety recall in United States history. This recall, affecting cars from model years 2002 to 2015, involved a design defect in manufacturer-installed airbags that could deploy in an explosive manner, injuring or killing occupants of the vehicle. An inflator inside the airbag would sometimes ignite with force, and if the airbag deployed in a crash, it would spray metal shards throughout the cabin.

To date, there have been at least 15 deaths and hundreds of injuries attributed to the Takata airbag, according to Consumer Reports. They expect this auto defect recall to eventually encompass more than 37 million American vehicles. With this many vehicles under recall, and some under a higher risk than others, it’s expected that not every car or truck would be able to be repaired at once. However, most people weren’t prepared for just how long that wait would be.

Senators and consumers frustrated at slow progress

According to a Senate report released in March, only six of the 17 auto companies affected by the Takata recall have adequate loaner policies in place for customers waiting for parts, and some customers are still waiting for repairs four years after regulators began investigating the airbag defect.

During a Senate Commerce Committee held on March 20^th, senators expressed frustration that consumers have been waiting so long. “NHTSA still seems to be playing a game of regulatory whack-a-mole and twiddling its thumbs when it comes to actually enforcing the coordinated recall approach and benchmarks for automakers,” said Florida Sen. Bill Nelson, the senior Democrat on the Commerce Committee.

The National Highway Traffic Safety Administration (NHTSA) states on their website that their Coordinated Remedy Program “prioritizes and phases the various Takata recalls to not only accelerate the repairs, but ensure that the highest-risk vehicles are fixed first.”

However, this doesn’t sit well with many nervous consumers. Sharon Austry of Texas drives a 2011 Lincoln MKZ, and received a letter in 2016 advising her not to allow anyone to sit in the front passenger seat until the airbag can be replaced. However, the letter also said that the parts wouldn’t be available until spring 2018. She said her dealership was unable to provide her with a loaner car.

“Come up with other cars. I don’t care if it’s a Lincoln. Give me something else that doesn’t have a death seat,” said Austry.

Different loaner policies for different companies

According to the Senate report, every auto company has a different policy for loaner cars. The companies with the loaner policies with the least restrictions are BMW, Fiat Chrysler, Honda, Nissan, Subaru, and Toyota. Ford, GM, Ferrari, Mitsubishi, Daimler Trucks, and Daimler Vans operate their loaner program on a case-by-case basis. Mercedes has no loaner program, but asks their dealerships to be as practical as possible. Volkswagen allows its dealers to give out loaners at its own expense and Tesla provides loaners only while recall repairs are being completed. Jaguar Land Rover and Mazda declined to provide their loaner policies.

The Phoenix legal team at Plattner Verderame, P.C. can help if you’ve been injured by a defective product. Our attorneys are here to help you secure compensation for your losses. Get in touch with our experienced trial lawyers today by calling 602-266-2002 or filling out our contact form.