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It's not the entire airbag but just the passenger inflator that potentially breaks up during deployment. Some people was
able to have Lexus issue a long term loaner while their car is waiting for parts. You need to sign a waiver to park the Lexus
After carefully reading recall notice, it seems to me that Toyota/Lexus may no longer be on the hook to replace the airbag if one does not exclude themselves from the lawsuit. I write this because the language indicates all other rights are then given up, and I take it that those rights/remedies would be the replacement airbag. However, I don't know if what I perceive is true or not, can can anyone shine more light on this?
That is unlikely to be the case. If you don't exclude yourself from the lawsuit then you're opting out of suing Lexus for any further damages ($) associated with the airbag. By opting in, you are agreeing to the same settlement terms as the rest of the class, however those terms would not include waiving Lexus's responsibility to replace the defective airbag. Lexus would normally not be able to contract its way out of fixing the airbags because they are required to by law. Allowing them to waive that requirement would be contrary to public policy.
That is unlikely to be the case. If you don't exclude yourself from the lawsuit then you're opting out of suing Lexus for any further damages ($) associated with the airbag. By opting in, you are agreeing to the same settlement terms as the rest of the class, however those terms would not include waiving Lexus's responsibility to replace the defective airbag. Lexus would normally not be able to contract its way out of fixing the airbags because they are required to by law. Allowing them to waive that requirement would be contrary to public policy.
I made a scan of the card I got. Reading it closely makes me believe that anyone who is a member of the lawsuit relieves Toyota/Lexus Takata of all further liabilities (including new airbags/igniters). Toyota/Lexus Takata all deny the allegation in the lawsuit (that they had sold vehicles with defective airbags), does that mean they will not replace the airbags/igniters after all? If Toyota/Lexus does replace the airbags/igniters by default then why the need to have a law suit? Seems to me that the cash settlement would be in lieu of a replacement airbag/igniter.
Instead of a lawsuit, Toyota/LexusToyota/Lexus should use the $278,500,000 in the settlement to buy the replacement airbags/igniters so we can get them changed out quicker.
Anyways, I'm not a lawyer nor have had any extensive law education outside a four year business degree.
I made a scan of the card I got. Reading it closely makes me believe that anyone who is a member of the lawsuit relieves Toyota/Lexus Takata of all further liabilities (including new airbags/igniters). Toyota/Lexus Takata all deny the allegation in the lawsuit (that they had sold vehicles with defective airbags), does that mean they will not replace the airbags/igniters after all? If Toyota/Lexus does replace the airbags/igniters by default then why the need to have a law suit? Seems to me that the cash settlement would be in lieu of a replacement airbag/igniter.
Instead of a lawsuit, Toyota/LexusToyota/Lexus should use the $278,500,000 in the settlement to buy the replacement airbags/igniters so we can get them changed out quicker.
Anyways, I'm not a lawyer nor have had any extensive law education outside a four year business degree.
Again, Lexus is legally required to replace the airbags. Manufacturers are required to complete recall repairs at no cost to vehicle owners. This is the law. Denying allegations is standard procedure when settling. No defendant admits liability when settling. The lawsuit is due to other associated costs due to the delay in their ability to replace them. Nothing in that notice states that Lexus is not, or will not be, replacing airbags. The lawsuit covers economic damages, if any, to owners.
If someone wanted to try to sue Lexus for the full cost of their vehicle, which is likely outside of the settlement terms, they would opt out and try to pursue their own action. These notices go out because in a Rule 23 class action you are automatically included in the class unless you affirmatively opt-out. They are required to provide people the opportunity to opt out of the class if they don't want to be bound by the terms of the settlement and would prefer to pursue an individual claim.
A few members have already had the single front passenger air bag replaced. That is the only airbag affected. As for '17s I don't think I have seen the official build month but it just says early production models.
Again, Lexus is legally required to replace the airbags. Manufacturers are required to complete recall repairs at no cost to vehicle owners. This is the law. Denying allegations is standard procedure when settling. No defendant admits liability when settling. The lawsuit is due to other associated costs due to the delay in their ability to replace them. Nothing in that notice states that Lexus is not, or will not be, replacing airbags. The lawsuit covers economic damages, if any, to owners.
If someone wanted to try to sue Lexus for the full cost of their vehicle, which is likely outside of the settlement terms, they would opt out and try to pursue their own action. These notices go out because in a Rule 23 class action you are automatically included in the class unless you affirmatively opt-out. They are required to provide people the opportunity to opt out of the class if they don't want to be bound by the terms of the settlement and would prefer to pursue an individual claim.
Will you opt out, and what are your reasons for opting out, or not opting out?
Will you opt out, and what are your reasons for opting out, or not opting out?
I will not be opting out primarily because:
1. I have no intention of filing my own lawsuit against Lexus.
2. I have incurred no expenses associated with needing to have my airbag replaced.
Just thinking about this makes me want to sell my GX. All I can think of now is my wife getting injured or worse from a defective airbag (search Takata air bag defects and view the bloody horror pics). This will be on my mind every time she gets in the passenger seat. I'm in Maryand, so my 2011 isn't scheduled for replacement until Jan 2019. I live on the Eastern Shore (other side of the Chesapeake Bay aka DelMarVa) and near water where we get high humidity.
I got my airbag fixed by Lexus and yesterday I received this notice. In fact, I got 3, one for the other car and one for my brother-in-law's 2017 Subaru Outback
Just thinking about this makes me want to sell my GX. All I can think of now is my wife getting injured or worse from a defective airbag (search Takata air bag defects and view the bloody horror pics). This will be on my mind every time she gets in the passenger seat. I'm in Maryand, so my 2011 isn't scheduled for replacement until Jan 2019. I live on the Eastern Shore (other side of the Chesapeake Bay aka DelMarVa) and near water where we get high humidity.
I think it must be based on zone it was originally sold in. Mine came out of California so it is in Zone A but I live in Zone C.
Does the Lexus owner site show your current Zone when you go here?
I went by my Local Lex Dealer about two weeks ago to inquire about any outstanding recalls and TSBs.
My 2011 GX460 is NOT a part of the recall. Some are, some aren't, "It goes by your VIN" the warranty department advisor said.
Best of luck to you. I did read somewhere where there were PLENTY of replacement parts for the recall. It's a matter of getting them out from supply from a bankrupt company.
Depending on the nature and type of the bankruptcy, they may continue operating. If not, there is a competitor that can supply the necessary units to replace your Takata airbag initiator.
08-23-17, 01:19 PM
