on 2040-cars

Auto blog

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

GM recalls 3.6 million vehicles for airbag-software problems

The Basics: General Motors is recalling 3.64 million vehicles across its lineup for an airbag-related issue. The recall covers the 2014-2015 Buick LaCrosse, Chevrolet SS, and Spark EV; 2014-2017 Chevrolet Corvette, Trax, Caprice PPV, Silverado 1500, Buick Encore, and GMC Sierra 1500; and 2015-2017 Chevrolet Tahoe, Suburban, Silverado HD, GMC Yukon, Yukon XL, Sierra HD, Cadillac Escalade, and Escalade ESV. The Problem: Affected vehicles have a sensing and diagnostic module that controls the airbags and seat-belt pretensioners. The software it uses has a defect that can prompt the module to run a diagnostic test under specific driving conditions, which will also deactivate the front airbags and pretensioners. This means that it would be possible for those safety systems to not activate in a crash, potentially leading to injury or death. Injuries/Deaths: General Motors began an investigation that led to the recall after a 2014 Silverado was involved in a crash in which the airbags did not deploy. No information was given as to injuries or deaths. The Fix: Owners can bring their vehicles to a local General Motors dealer where a software update will be installed to fix the issue. The fix will be free of charge. If you own one: General Motors will contact owners of affected cars, and owners can check whether their vehicles are affected by visiting entering their vehicle identification numbers at either the GM Owner Center website or the NHTSA website. Owners can then schedule a time to have the update installed. Related Video:

NHTSA investigates 1.7 million GM SUVs for windshield wiper failures

WASHINGTON - The U.S. National Highway Traffic Safety Administration (NHTSA) said on Tuesday it is investigating whether General Motors should recall an additional 1.7 million sport utility vehicles due to an issue with windshield wiper failures. GM in August 2016 recalled 367,800 2013 GMC Terrain and Chevrolet Equinox SUVs in the United States to address the problem. But after receiving 249 complaints about similar problems, the federal agency said it is probing whether the recall should be expanded to include an additional 1.7 million vehicles from the 2010-2016 model years. The automaker said it is cooperating with the NHTSA review. GM said it recalled the 2013 GMC Terrain and Chevrolet Equinox SUVs "because warranty data showed a higher-than-expected failure rate," adding it has continued to monitor field data on other model years of those vehicles. GM noted that no crashes or injuries related to the issue have been reported. The Detroit-based automaker said the recalls were prompted after a GM Canada brand quality manager reported a potential safety issue relating to reports of windshield wiper failures in Canada through GM's "Speak Up For Safety," program in late 2015. The data showed significantly higher field incidents in parts of Canada, which prompted a June 2016 recall there. Over the next two months, a higher number of U.S. reports prompted a U.S. recall, the company added. In the 2016 recall, GM said the front-wiper module would be replaced with a module that has a water deflector and, if needed, dealers would fill the water management hole and drill a new small hole in a different location.(Reporting by David Shepardson, editing by G Crosse)Related Video: Government/Legal Recalls Chevrolet GM GMC SUV