Robert J. Boumis  |  October 27, 2014

Category: Consumer News

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GM ignition switch recall class action lawsuit

General Motors is currently facing two class action lawsuits alleging that vehicle owners affected by the GM ignition switch recall have lost the trade-in value of their vehicles.

At least 29 confirmed deaths have been linked to the GM ignition switch defect, which resulted in a recall of 27 million vehicles in 2014. Dozens of personal injury lawsuits and several more GM recall class action lawsuits have been filed over the problem.

According to the GM recall lawsuits, government investigations, and private auditors, the problem with the ignition switch circuitry in some GM vehicles could cause them to switch from the “on” position to the “standby” or “auxiliary” position. If this happens while driving, the engine would shut down and the air bags would deactivate. This has reportedly led to car accidents, including severe injuries and deaths.

Many modern vehicles, including many of those affected by the GM ignition switch recall, have so much in the way of onboard electronics that they can function as a sort of black box in the event of an accident. In some cases, these electronics have recorded that GM ignition switch circuitry switched into the auxiliary position seconds before fatal accidents.

According to one GM ignition switch class action lawsuit concerning the value of GM vehicles, a group of GM vehicle owners have alleged that the GM recall, as well as the general handling of the situation by General Motors, has decreased the resale value of their vehicles.

However, GM experienced a bankruptcy during this time frame. While it initially appears that this will not affect the personal injury claims raised in lawsuits concerning car crashes, the bankruptcy could have an effect on the GM class action lawsuit centered on the resale value of vehicles. The bankruptcy effectively turned GM into a new company, limiting their legal liability in some cases, since post-bankruptcy GM is technically a different company. The bankruptcy and restructuring took place in 2009.

Various investigations have led to a variety of serious allegations against GM. A private investigator hired by “new” General Motors found that some individuals within the company were aware of the ignition switch defect 10 years before the GM recall, but a “widespread culture of incompetence” impeded proactive measures.

Additionally, an investigation by the National Highway Traffic Safety Administration (NHTSA) reported that General Motors had tried to “hide the ball” from investigators, actively discouraging employees from revealing information about the GM ignition switch defect from the public.

GM recall lawsuits involving personal injury claims have been consolidated into multidistrict litigation known as In Re: General Motors LLC Ignition Switch Litigation, Case No. 1:14-mc-02543, filed in the U.S. District Court for the Southern District of New York.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The GM recall attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or GM class action lawsuit is best for you. [In general, GM ignition switch lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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