At least one product liability attorney has reported a client that had one of the recalled cars shut down with only one key in the switch.
Kenneth Feinberg, Administrator of the GM Ignition Compensation Claims, at the National Press Club in Washington this morning said that the voluntary program has no overall cap, but that if victims accept the amount he determines they must indemnify GM from further legal action.
Feinberg has complete and sole discretion over all compensation awards to victims, including eligibility to participate in the program and the amounts awarded. GM cannot reject the Administrator’s final determinations as to eligibility and amount of compensation.
Individuals who previously settled their claims with GM before knowing of the ignition switch defect will be permitted to enter the Program and may receive additional compensation.
So called ‘contributory negligence” of the driver of the vehicle – intoxication, speeding, et cetera – is irrelevant. Feinberg’s law firm will not examine or evaluate it.
During the press conference, Feinberg said, “This Program is designed to provide swift compensation to eligible victims of ignition switch defects in certain GM vehicles. We will work closely with all individual claimants and their lawyers in evaluating individual claims and reaching a determination as to eligibility and value as soon as possible.”
Those filing a claim with the Administrator will be required to prove that the ignition switch defect in an “eligible vehicle,” as defined in the Program, was the “proximate cause” of the death or physical injury in the accident.
The Program recognizes three different categories of eligible claims: Individual Death Claims, Individual Claims involving the most serious physical injuries (e.g. quadriplegic and paraplegic injuries, permanent brain damage, etc.) and less serious physical injuries involving hospitalization or, in some circumstances, immediate outpatient medical treatment.
Eligible claims will be paid within 90-180 days from the time that a submitted claim is deemed “substantially complete” by the Administrator.
The Program will begin receiving claims on 1 August 2014 and all claims submitted to the Administrator must be postmarked no later than 31 December 2014.
