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US database may have overstated deaths in GM ignition switch recall

The FARS analysis didn't take into account fatal accidents where the airbags weren't supposed to deploy. Earlier today, we reported that the actual death toll attributable to GM's ignition switch problem had crested the 300 mark according to new research, well up from the original reports of 12 to 13 deaths. Now, word is breaking that the US government database that informed the study that the report was based on may have significantly overstated the correlation between the study and the GM recall. The initial study was conducted by Friedman Research on behalf of the Center for Auto Safety, and used something called the US Fatality Analysis Reporting System. To recap, the study claimed that over a 10-year period, 303 people were killed in Chevrolet Cobalt and Saturn Ion coupes and sedans when their airbags failed to deploy. These undeployed airbags were then linked to GM's ignition switch recall, which as we've explained before, can turn the ignition out of the "run" position and into the "off" or "accessory" position, disabling the airbags in the process. Now, according to a report from The Detroit News, which cites research from the Insurance Institute for Highway Safety and the National Study Center for Trauma and EMS at the University of Maryland, the FARS analysis didn't take into account fatal accidents in conditions where the airbags weren't supposed to deploy (which isn't to say crashes and deaths weren't caused by loss of control from the ignition switching off in the GM vehicles). According to the report, this was a significant number of the cases. There is another potential problem, too. According to that same report, the National Highway Traffic Safety Administration uses both FARS and another database on fatalities, called the National Automotive Sampling System/Crashworthiness Data System (NASS/CDS). Where FARS uses what the DetNews calls "not always reliable" police data to record vehicular deaths within 30 days of a crash, NASS/CDS relies on what's known as a probability sample. It collects data on 5,000 crashes each year – including some found in the FARS database – to calculate a probability figure. According to a 2009 IIHS study, "Among crashes common to both databases, NASS/CDS reported deployments for 45 percent of front occupant deaths for which FARS had coded nondeployments." In plain English, FARS doesn't provide a reliable count airbag deployments.

Are orphan cars better deals?

Most folks don't know a Saturn Aura from an Oldsmobile Aurora. Those of you who are immersed in the labyrinth of automobilia know that both cars were testaments to the mediocrity that was pre-bankruptcy General Motors, and that both brands are now long gone. But everybody else? Not so much. By the same token, there are some excellent cars and trucks that don't raise an eyebrow simply because they were sold under brands that are no longer being marketed. Orphan brands no longer get any marketing love, and because of that they can be alarmingly cheap. Case in point, take a look at how a 2010 Saturn Outlook compares with its siblings, the GMC Acadia and Buick Enclave. According to the Manheim Market Report, the Saturn will sell at a wholesale auto auction for around $3,500 less than the comparably equipped Buick or GMC. Part of the reason for this price gap is that most large independent dealerships, such as Carmax, make it a point to avoid buying cars with orphaned badges. Right now if you go to Carmax's site, you'll find that there are more models from Toyota's Scion sub-brand than Mercury, Saab, Pontiac, Hummer, and Saturn combined. This despite the fact that these brands collectively sold in the millions over the last ten years while Scion has rarely been able to realize a six-figure annual sales figure for most of its history. That is the brutal truth of today's car market. When the chips are down, used-car shoppers are nearly as conservative as their new-car-buying counterparts. Unfamiliarity breeds contempt. Contempt leads to fear. Fear leads to anger, and pretty soon you wind up with an older, beat-up Mazda MX-5 in your driveway instead of looking up a newer Pontiac Solstice or Saturn Sky. There are tons of other reasons why orphan cars have trouble selling in today's market. Worries about the cost of repair and the availability of parts hang over the industry's lost toys like a cloud of dust over Pigpen. Yet any common diagnostic repair database, such as Alldata, will have a complete framework for your car's repair and maintenance, and everyone from junkyards to auto parts stores to eBay and Amazon stock tens of thousands of parts. This makes some orphan cars mindblowingly awesome deals if you're willing to shop in the bargain bins of the used-car market. Consider a Suzuki Kizashi with a manual transmission. No, really.

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