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GM isn't liable for punitive damages in ignition switch cases

NEW YORK — A federal appeals court said General Motors is not liable for punitive damages over accidents that occurred after its 2009 bankruptcy and involved vehicles it produced earlier, including vehicles with faulty ignition switches. The 2nd U.S. Circuit Court of Appeals in Manhattan said on Tuesday that the automaker did not agree to contractually assume liability for punitive damages as part of its federally-backed Chapter 11 reorganization. GM filed for bankruptcy in June 2009, and its best assets were transferred to a new Detroit-based company with the same name. The other assets and many liabilities stayed with "Old GM," which is also known as Motors Liquidation Co. Tuesday's 3-0 decision may help GM reduce its ultimate exposure in nationwide litigation over defective ignition switches in several Chevrolet, Pontiac and Saturn models. It is also a defeat for drivers involved in post-bankruptcy accidents, including those who collided with older GM vehicles driven by others, as well as their law firms. The ignition switch defect could cause engine stalls and keep airbags from deploying, and has been linked to 124 deaths. A lawyer for the drivers and their law firms did not immediately respond to requests for comment. GM had no comment. Circuit Judge Dennis Jacobs said GM's agreement to acquire assets "free and clear" of most liabilities excused it from punitive damages claims for Old GM's conduct. He also noted that the judge who oversaw the bankruptcy concluded that the new company could not be liable for claims that the "deeply insolvent" Old GM would never have paid. The decision upheld a May 2018 ruling by U.S. District Judge Jesse Furman in Manhattan, who oversees the ignition switch litigation. Drivers have sought a variety of damages in that litigation, including for declining resale values. GM has recalled more than 2.6 million vehicles since 2014 over ignition switch problems. It has also paid more than $2.6 billion in related penalties and settlements, including $900 million to settle a U.S. Department of Justice criminal case. The case is In re: Motors Liquidation Co, 2nd U.S. Circuit Court of Appeals, No. 18-1940. Government/Legal Chevrolet Pontiac Saturn Safety gm ignition switch

Audi S4 drivers are the most accident-prone, insurance report says

Culling data from more than 4.6 million automobile insurance applications, researchers at the Insurify insurance comparison marketplace picked a winner — or more to the point, a loser — in its determination of the car model with the most accidents so far in 2023: the Audi S4. Why does the sporty, luxury-class German sedan rank so high (or so low)? The organization found that S4 drivers, piloting a car with almost 350 horsepower, are among those who collect the most speeding tickets, and that they get into accidents at a rate 54 percent higher than the national average. If the S4 isnÂ’t a surprise with an at-fault accident rate of 11.7 percent, consider the “family friendly” brand that appears three times on the Insurity list: Subaru. It is represented by three models, including the turbocharged WRX and XV Crosstrek, and at the better-performing bottom of the list, the Subaru Impreza, with an accident rate of 10.3 percent.  In 2023, 7.6 percent of U.S. drivers were involved in at least one at-fault accident in the prior seven years. For drivers of cars on this list, the average at-fault accident rate was 10.5 percent, meaning these drivers are 1.4 times as likely to have an at-fault accident on record. According to its statement, the Insurity data science team explored key safety features, driver behavior, and Insurance Institute for Highway Safety (IIHS) evaluations to pinpoint possible reasons behind these carsÂ’ high accident rates. Following is the list, counting down to the models with most reported accidents: 10. Subaru Impreza (percentage of drivers with a prior at-fault accident on record: 10.3 percent; MSRP base model): $19,795) 9. Kia Niro (percentage of drivers with a prior at-fault accident on record: 10.4 percent; MSRP base model): $26,590) 8. Chevrolet Silverado LD (percentage of drivers with a prior at-fault accident on record: 10.4%, MSRP base model): $34,500) 7. Subaru XV Crosstrek (percentage of drivers with a prior at-fault accident on record: 10.5 percent, MSRP 6. Subaru WRX.(percentage of drivers with a prior at-fault accident on record: 10.7% MSRP base model): $29,605) 5. Toyota GR86 (percentage of drivers with a prior at-fault accident on record: 10.8 percent MSRP base model): $29,900) 4. Hyundai Veloster N (percentage of drivers with a prior at-fault accident on record: 10.9 percent; MSRP base model): $32,500) 3.

GM won't pay owners of recalled cars for lost value

Kenneth Feinberg, the man in charge of the General Motors compensation fund dealing with the its widespread ignition switch woes, has issued an informal, two-letter response to the plaintiffs in more than 70 lawsuits seeking redress for lost resale value of their Cobalts: "No." The cases were recently combined into one, but Feinberg told The Detroit News that the fund will deal "only with death and physical injury claims," and that "perceived diminished value" will get no consideration.
ALG, the firm specializing in establishing residual values, determined that Cobalt owners had lost $300 compared to the segment competition and doesn't envision any long-term effects from the recall situation. Feinberg's statement comes in advance of public details on how the compensation fund will work and adheres to GM's long-held position on the matter. The company has already asked a judge to throw out such suits using the pre-bankruptcy defense, even as it stopped using that defense in cases of injury and death.
With plenty of potential gain from the GM suit, however, don't expect the plaintiffs to give up yet. When Toyota was sued for the same reason during the unintended acceleration debacle, it eventually settled the case for between $1 billion and $1.4 billion just to get it over with. Since the 85 law firms involved in the Toyota litigation took home more than $250 million of that total, we shouldn't expect the attorneys to give up on a GM payout, either.