In Re: Takata Airbag Products Liability Litigation (Economic Loss Track Cases) Frequently Asked Questions

The following BMW vehicles (called the “Subject Vehicles”) distributed for sale or lease in the United States, the District of Columbia, and Puerto Rico are included:

If you are a Class Member, what you are eligible to receive depends on several factors. The settlement benefits are outlined generally below, and more information can be found on this settlement website. 

The proposed settlement benefits consist of a Takata Inflator Certification Program. Class Members will submit claims to Car-Part, as BMW’s Settlement Claims Administrator, who will work with the Class Members to locate, identify, and obtain a certification that the Takata Inflators in recalled (as of January 12, 2023) Subject Vehicles of Class Members have been deployed or destroyed.  If BMW has previously compensated you for an Inflator, you cannot be compensated under this Program for the same Inflator.

Deadline to Submit Claim Form: In order to participate in the Takata Inflator Certification Program, eligible Class Members must complete and submit the Claim Form during the Claim Period. Class Members will have two years from the date of implementation to submit a Claim Form.

Obtaining, Completing, and Submitting the Claim Form: You can complete and submit a Claim Form online at www.recyclerpayment.org. You can also obtain a Claim form here, which includes the instructions on how to submit a Claim.

Please note that you have to take action within certain deadlines to receive certain benefits, such as completing and submitting a Claim Form. If you do nothing, you may not receive benefits from the settlement, and, as a Class Member, you will not be able to sue the Released Parties about the issues in the lawsuit.

Takata Inflator Certification Program: Pursuant to the Takata Inflator Certification Program and at BMW’s direction, Car-Part will locate, identify, and obtain a certification that the Takata Inflators in recalled Subject Vehicles of Class Members have been destroyed or deployed in Class Members’ Subject Vehicles that have been recalled as of January 12, 2023.  This Takata Inflator Certification Program does not apply to Inflators for which BMW has previously compensated Class Members under a separate program overseen by Car-Part.

If the Inflators in Class Members’ Subject Vehicles that have been recalled as of the date of this Agreement have deployed or are missing, Car-Part, at BMW’s direction, will, to the extent reasonably possible, locate and identify such Inflators and request the Class Member submit documentation for verification of such deployed or missing Inflators for which the Class Members were not previously compensated by BMW under a separate program administered by Car-Part.

To the extent reasonably practicable, a website for the Takata Inflator Certification Program will be created (“Settlement Website”) and overseen by the Settlement Claims Administrator which will (i) make available to Class Members information applicable to the Subject Vehicles; (ii) allow Class Members to upload batches of VINs for batch processing and comparison to the list of VINs for Subject Vehicles that have been recalled as of the date of this Agreement that still may be equipped with Inflators (“VIN List”) to determine which, if any, Inflators are subject to payment under the Takata Inflator Certification Program; and (iii) allow Class Members to submit claims for certification under the Takata Inflator Certification Program for Inflators in Subject Vehicles that have been recalled as of the date of this Agreement or payment for deployed or missing Inflators in Subject Vehicles that have been recalled as of the date of this Agreement at and after the Effective Date.

Under the Takata Inflator Certification Program, BMW, through Car-Part, will pay to the eligible Class Member 15% more per Inflator than it currently, as of the Effective Date of the Agreement, unless implemented earlier, pays or paid under its prior or existing Takata Inflator Certification Program for recovered Inflators. Specifically, BMW will pay $40.25 for each certification of a Recalled BMW Airbag in Current Inventories and $28.75 for each certification of a Recalled BMW Airbag in Historic Inventories.

Car-Part will coordinate with, notify, and provide monthly updates to BMW regarding the results of the implementation of the Takata Inflator Certification Program.  BMW will enter into a written, legally enforceable agreement with Car-Part (the “Car-Part Takata Inflator Certification Agreement”) that memorializes the terms of the Takata Inflator Certification Program as described above.  Under the terms of this Settlement Agreement, BMW will have a continuing obligation until the termination of the Takata Inflator Certification Program to periodically monitor Car-Part’s compliance with the terms of the Car-Part Takata Inflator Certification Program Agreement.  If BMW determines that Car-Part has breached the agreement, BMW will take necessary and reasonable steps to enforce the terms of the Car-Part Takata Inflator Certification Agreement.

The Takata Inflator Certification Program will run for a total of two (2) years, measured from the date of implementation.  BMW, at its sole discretion, may implement the Takata Inflator Certification Program prior to the occurrence of the Effective Date.

The Settlement Claims Administrator will receive, review, and process the claims Class Member submit to the Takata Inflator Certification Program  (“Claims”) to determine whether the Class Members’ Subject Vehicles are on the VIN List and, if so, take such actions as required to obtain certification that the Takata airbags in those Subject Vehicles have been deployed or destroyed.  The Settlement Claims Administrator will provide periodic reports to counsel for BMW and Settlement Class Counsel, but not more often than quarterly.

Yes. The Court has appointed lawyers to represent you and other Class Members. These lawyers are called “Settlement Class Counsel”: Peter Prieto of Podhurst Orseck, P.A., is Chair Lead Counsel, and David Boies of Boies Schiller & Flexner, L.L.P. and Todd A. Smith of Smith LaCien L.L.P. are Co-Lead Counsel for the economic damages track. Roland Tellis of Baron & Budd P.C., James Cecchi of Carella Byrne Cecchi Olstein P.C., and Elizabeth Cabraser of Lieff, Cabraser, Heimann & Bernstein, LLP are the Plaintiffs’ Steering Committee members. If you want to be represented by another lawyer, you may hire one to appear in Court for you at your own expense. Their contact information is as follows:

The Notice summarizes the proposed settlement. More details are in the Settlement Agreement. You can get a copy of the Settlement Agreement and other information about the settlement and the Claim Form, on the documents section. You can also call the toll-free number, 1-(859)-344-1901, or write the Settlement Notice Administrator at: