CLASS ACTION LAUNCHED AFTER TAKATA DEBACLE CLAIMS AUSSIE LIFE

A Sydney lawyer has announced a class action lawsuit against Toyota, Honda and Mazda, seeking refunds for cars fitted with faulty airbags from Takata, linked to 18 deaths around the world.

Lawyer, Damian Scattini, said the Federal Court action is seeking refunds based on an Australian consumer law that entitles consumers to refunds if a product has a fault that makes it unsafe and the problem cannot be rectified within a reasonable time.

Toyota’s Australian subsidiary said in a statement that it has a process in place and that fixing affected vehicles remains a matter of urgency.

Police say a man who died in a Sydney car crash in July was likely killed because of a defective airbag. The New South Wales coroner will decide the cause of the man’s death.

Police linked the Takata airbag to the death of the 58-year-old man, who was driving a Honda CRV when it collided with a Toyota Celica in Cabramatta on 13 July.

Investigations revealed the man’s death was likely due to a fault in the airbag, causing the man to be struck in the neck with a piece of shrapnel.

Further investigations revealed the vehicle in the incident was the subject of a worldwide recall for a faulty airbag.

About 2.3 million cars in Australia are affected, including Toyota, Mazda, BMW, Subaru, Nissan, Honda, Mitsubishi, Chrysler, Dodge, Jeep, Lexus and Ford.
It is understood about 60 models are affected by the defective product, which affects the driver’s side and front passenger airbags.

The Australian Competition and Consumer Commission said people should contact their local dealership or manufacturer if they are worried about their vehicle. There have been deaths abroad and injuries in Australia because of the defective product.

The passenger of the Honda, as well as the driver and passenger of the Toyota, were taken to hospital with non-life-threatening injuries.

Honda Australia is working closely to provide assistance.

The Takata airbag recall is an international issue involving more than 60 million vehicles worldwide. The recall process has been under way internationally since 2009.

AADA, along with the Federal Chamber of Automotive Industries, joins the call from government and the ACCC in strongly urging all owners to assess whether their vehicle is affected and if so, to urgently contact their authorised Dealer network. The industry will continue to work with the Government on this process. A link to the full list of vehicles affected can be found on the FCAI website or via www.productsafety.gov.au.

More than 850,000 affected vehicles in Australia have been rectified and it is the industry’s steadfast resolve to get in contact with the remaining owners to complete the recall.

Throughout this recall campaign the industry has acted with the utmost concern for the safety of vehicle owners and will continue to do so.

16 comments

  1. Garry Collins

    i am the owner of a Ford ranger dual cab ute, that has been recalled, Why isn’t Ford included in this court case.

  2. Sandra Gates

    Holden has been affected also, and not on the list. Holden has now extended the recall dates from February’19 to June’19 (Astra’s)…12 months to hopefully feel safe again. rediculous.

  3. Garry

    2010 bmw crashed 2014
    Suffered fractured neck in 2 places
    Knee ankle right wrist rebuilt.
    Plus.
    10 airbags in bmw not 1 deployed after being hit by 3 different collisions.
    Any lawyers out there that can help please.

  4. Margy Ingram

    Help Honda wants to buy back my 80 year old neighbours CRV that he purchased in 1999, for $2900. My neighbour is a pensioner! (lives by himself) no bank will give him a loan due to his age! I think this is so so wrong!

  5. Jennifer

    I have a BMW which has been recalled and they are making their own rules up as they go and I’m getting totally shafted and am about to lose my job with no car. I’d like to get involved in the class action or start another one for the other manufacturers not listed in this class action. Js@kellyandchapman.com.au

  6. Jeremy O’Connor

    I am a owner of a Honda CRV 1998 model VIN-JHLRD1740WC200637 Registration Number OSF270 and is registered in Victoria. Honda has sent me a letter, Reference number 6NA-1 telling me not to drive my car because of faulty air bags ( Non- Azide Inflator NADI) airbag inflator manufactured by Tamara. Honda has offered to buy the car back for $2,300:00 and will provide me with $400:00 to assist me with immediate transport requirements
    Considering it’s taken them so long to inform drivers of the faulty airbags why can’t they just replace the car with an updated model? Could you please call me on 0418221972 or sent me an Email at Jeremy.oconnor1965@gmail.com
    Thank you for taking the time to read this letter
    Regards
    Jeremy O’Connor

  7. Dianne Larsen

    My daughter has a Honda with the faulty airbag. She has also been offered $2,400 plus $400. This is as long as the car is registered when they eventually pick it up. The registration runs out at the end of March 2020. She has tried to call the Honda recall team and all she is told is that they will call her back. When she got the follow up email it advised Pickles would be in touch to arrange the pick up within 48business hours but this time has elapsed a couple of weeks ago.

  8. Janelle Thistleton

    Honda have handled the voluntary recall for the Takata Nadi inflator appallingly.
    Offer to pay is so far below intrinsic value of the car as to be laughable.
    Won’t give you a call back for days, won’t pay till car removed and then up to 10 working days, my rego is about to run out and won’t accept the car if unregistered.
    And why are Pickles getting the cars?
    I loved my car, now I’m in debt to buy another car just to get to work!

  9. Nick

    Honda bullying owners into surrendering cars that they manufactured as defective , just told repairs costing $1500 not payable as beyond 3 months.

    Honda are disgraceful will never buy or recommended another Honda vehicle.

    Their compensation is inadequate owned this vehicle from new for 20 years. CRV

  10. Jen

    My boyfriend has been caught up in the Honda repurchase recall. It took six days to actually speak to someone at the Honda hotline, then to be told only that someone would ring back within 7 days. After nothing and 10 days passing, he rang again. The Honda person was rude and almost threatening in forcing the issue of accepting their pathetically insufficient offer. What their recall letter didn’t say was that owners have the right to an independent valuation of their vehicle, with which Honda would have to pay out more. This would appear to be a violation of consumer rights by failing to advise people of their rights.
    It should be noted also that the tow truck drivers provide absolutely NO paperwork when they collect the vehicles,. Should they not be providing at least some sort of receipt so that owners have documentation to prove that their vehicle has been taken and when? If for no reason other than to ensure people can get an appropriate refund on unused registration. People (in South Australia at least) can have their registration refund backdated to when they stopped driving their vehicle because of the recall, by completing a statutory declaration with the documentation canceling their registration.

  11. Graham

    I have a Honda 1999 CRV, and wondering if there is any news on the class action or it it inevitable that we will have to accept the offer, as it is unlikely that we will be able to re register our cars eventually. Any news. ..?

  12. Gerry

    Having the same issue with Honda. Pathetic offer of $2750. They have sent me an email stating that I can choose to have an independent valuation completed by Pickels – however “ Please note, should you choose to have the independent valuation completed by Pickles, this will be the last and final offer available to you.”

    Has anyone had any success with getting a better offer either directly or using Pickles valuation?

    • Gerry

      Update: Well persistence has paid off! Honda have finally relented and now the air bag has been replaced. My car is a Honda Accord 1998 model however it was made in America.

  13. Penny

    Honda’s staff have been extremely rude over the whole buy-back debacle! There is no so-called ‘independent valuation’! Pickles must have tendered for the whole buy-back process: it is PICKLES who give an ‘independent valuation’, arrange the tow with their contracted tow companies, and it is PICKLES who eventually pay the pittance for immaculately keep vehicles! Where is the independence in all this? I contacted the Dept of Fair Trading – Honda even failed to reply to them! My immaculate 1998 Honda CRV was towed away a week and a half ago (no paperwork) – I haven’t been paid for it yet. I think that is called complete incompetence! Who has the right to take another’s vehicle without paying for it before taking possession? I’d like to see anyone try to drive away from a Honda Dealership without fully paying for the vehicle! The $2,300 plus $400, is an insult – the valuation is based on the AVERAGE MARKET PRICE, what about vehicles that are meticulously maintained? The price offered barely covers my expenses in maintaining my vehicle over the past 12 months.

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