QUESTIONS & ANSWERS

A class action is a legal proceeding that involves 7 or more people who have a similar claim against an entity or person. They have typically suffered financially due to the defendant’s alleged conduct.

Takata Corporation was an automotive parts company based in Japan, with production facilities on four continents. For nearly two decades, car manufacturers purchased millions of defective airbags from Takata. As a result, more than 100 million cars have now been recalled worldwide, the largest automotive recall in history.

A class action is necessary to ensure everyone in Australia affected by the defective Takata airbags is fairly compensated. A new airbag does not replace the amount you overpaid for your vehicle due to it being fitted with a defective airbag or any out of pocket expenses you incurred during the replacement process. We have more of a chance to achieve justice and rightful compensation if we unite to let the manufacturers know that safety is more important than their profit margin.

The propellant in the Takata airbags is made from ammonium nitrate. Takata airbags that contain ammonium nitrate can inflate with such force that the metal canister ruptures, sending metal fragments throughout the interior of an automobile with lethal force and causing potentially fatal injuries. It can also cause the airbag to deploy too aggressively, which in itself can cause injury.

The proceedings have been instigated against BMW, Honda, Lexus, Mazda, Nissan, Subaru, Toyota, and Volkswagen, and shortly Audi and Ford. Other vehicles are also subject to recall but are not part of this class action. We encourage you to visit the ACCC Product Safety website to check whether your vehicle is affected. A full list of affected vehicles in Australia by make and model can be found via https://www.productsafety.gov.au/recalls/compulsory-takata-airbag-recall/takata-airbag-recalls-list

You are eligible to participate in this class action if:

  • you acquired or leased a Toyota, Lexus, Subaru, Honda, Mazda, BMW, Volkswagen, Nissan [and soon, Ford and Audi] vehicle in Australia on or before 27 February 2018; and
  • that vehicle is, or has been, fitted with a front driver or passenger airbag manufactured or supplied by Takata and which is subject to an active or future recall. The recalls are available at https://www.productsafety.gov.au/recalls/compulsory-takata-airbag-recall; and
  • you still own the vehicle OR you sold or otherwise disposed of it after 27 February 2018.

Proceedings have commenced against Toyota (which includes Lexus vehicles), Subaru, Honda, BMW, Nissan, Mazda and Volkswagen, being seven of the manufacturers responsible for fitting cars with faulty airbags.  Actions against Ford and Audi will commence soon.  At this stage, we do not anticipate commencing proceedings against any other manufacturers.  However, we encourage anyone with a defective airbag whose vehicle is not eligible for these nine class actions to seek legal advice, as statutory time limits may apply to your claims.

No, you just need to meet the criteria as specified in the previous question.

Yes, and we strongly encourage you to have your airbags replaced as soon as possible.

Nothing.  This class action is fully funded by Regency Funding Pty Ltd. It will not cost anything to participate in the class action and you will not have to pay anything out of pocket. Regency Funding Pty Ltd assume all of the costs and the risks.  If the class action is a successful one, all participants will share in the proceeds from either a settlement or a court judgment, with Regency Funding Pty Limited seeking a proportion of any settlement amount or judgment award to cover their costs and assumed risks.

We will seek to contact you as little as possible. The class action’s legal representatives will be in touch if necessary, and this website will also be updated with new information in the future.

You can let your family and friends know about the campaign and the class action by sharing this website with them or through social media!