Volkswagen Airbag Recall Lawsuit | 2025 Latest Updates

If you or a loved one experienced injuries from a defective or malfunctioning Volkswagen airbag, you may be entitled to pursue compensation.

At Schmidt & Clark, we are dedicated to helping individuals who have suffered due to faulty automotive safety equipment.

Our experienced legal team is here to guide you through the process and fight for the compensation you deserve. Contact Schmidt & Clark today for a free, no-obligation consultation.

Volkswagen Airbag Lawsuit Overview

The Volkswagen airbag lawsuits are part of a broader concern involving ARC Automotive airbag inflators that may rupture during deployment.

The National Highway Traffic Safety Administration (NHTSA) has requested a recall of approximately 67 million airbag inflators due to risks of explosion and metal fragment projection.

These defective airbags have been linked to at least 9 incidents resulting in severe injuries and 1 death since 2009. Volkswagen is among the 12 major automakers affected by this potential safety issue.

Latest Volkswagen Airbag Lawsuit Updates

2023

– NHTSA formally requested a recall of 67 million ARC airbag inflators, which includes those installed in certain Volkswagen vehicles. ARC has contested this request, claiming their testing does not support the need for such a widespread recall.

2021 – A fatality was reported when the driver of a 2015 Chevrolet Traverse was killed after an ARC airbag inflator ruptured in Michigan, adding urgency to the investigation affecting multiple automakers including Volkswagen.

2023 – General Motors announced a recall of nearly 1 million vehicles with ARC airbag inflators, potentially establishing a precedent for other manufacturers like Volkswagen to follow suit.

NHTSA Reports and Statistics

According to NHTSA data, at least 9 incidents involving ruptured ARC airbag inflators have been reported, with 7 occurring in the United States and 2 in Canada.

These incidents have resulted in severe injuries and 1 confirmed death in the U.S. The 67 million air bag inflators in question were manufactured between 2000 and January 2018 [1].

“While incidents are rare, the incidents that have occurred have been severe, prompting the agency to issue a recall request. NHTSA is taking this action under its authorities to investigate potential defects and oversee recalls as required by the Vehicle Safety Act.”- NHTSA

Volkswagen Airbag Injuries & Side Effects

Defective airbag inflators can cause serious injuries or death when they rupture during deployment, sending metal fragments into the vehicle’s cabin and toward occupants.

• Metal Fragment Projection: Shrapnel from ruptured inflators can cause lacerations, puncture wounds, and eye injuries
• Blunt Force Trauma: Improper airbag deployment can cause facial and bodily injuries
• Burns and Chemical Injuries: Chemicals released during airbag deployment may cause skin and respiratory irritation
• Fatal Injuries: In severe cases, airbag inflator ruptures have caused fatal injuries to vehicle occupants

Do You Qualify for a Volkswagen Airbag Lawsuit?

You may qualify for a Volkswagen airbag lawsuit if:

• You own or owned a Volkswagen vehicle manufactured between 2000 and 2018 that contains an ARC airbag inflator
• You or a passenger experienced injuries resulting from a defective airbag deployment
• The injuries required medical treatment or hospitalization
• You can provide documentation linking your injuries to the malfunctioning airbag

Evidence Required for a Volkswagen Airbag Lawsuit

• Vehicle ownership documentation proving you owned an affected Volkswagen model
• Medical records detailing injuries sustained from the airbag deployment
• Photographs of injuries and vehicle damage following the incident
• Police or accident reports documenting the airbag deployment
• Witness statements regarding the airbag malfunction

Damages You Can Recover

• Medical Expenses: Costs for emergency treatment, surgeries, rehabilitation, and ongoing care
• Lost Wages: Compensation for time missed from work due to injuries
• Pain and Suffering: Damages for physical pain and emotional trauma
• Punitive Damages: Additional compensation in cases where manufacturers showed gross negligence

Volkswagen Airbag Recall Information

While Volkswagen has not yet issued a specific recall for ARC airbag inflators, the NHTSA is requesting that all vehicles containing these inflators be included in a comprehensive recall.

This would affect certain Volkswagen models manufactured between 2000 and 2018. Owners should monitor communications from Volkswagen and the NHTSA for official recall announcements and instructions.

If a recall is issued, Volkswagen would likely replace the airbag inflators at no cost to vehicle owners through authorized dealerships.

Vehicle owners should keep their contact information updated with Volkswagen to receive timely recall notifications.

NHTSA wants a Recall of 67 Million Airbag Inflators, but the Manufacturer Disagrees

The NHTSA is aware of at least 9 incidents of air bag inflators made by ARC Automotive rupturing, causing severe injuries and 1 death starting in 2009. Seven of the 9 incidents, including the fatality, occurred in the U.S. The other 2 injuries occurred in Canada.

The 67 million air bag inflators in question were all manufactured from 2000 to January 2018, when ARC installed equipment to help inspect inflators, according to the company [2].

“While incidents are rare, the incidents that have occurred have been severe, prompting the agency to issue a recall request. NHTSA is taking this action under its authorities to investigate potential defects and oversee recalls as required by the Vehicle Safety Act.”- NHTSA

ARC has thus far denied the need for a recall, saying “We disagree with NHTSA’s new sweeping request when extensive field testing has found no inherent defect.”

Which Vehicles are Equipped with ARC Airbag Inflators?

The ARC air bag inflators NHTSA is seeking to have recalled are used by at least 12 vehicle manufacturers, including:

• Volkswagen
• Tesla
• BMW
• General Motors
• Ford Motor
• Hyundai
• Kia
• Maserati
• Mercedes
• Porsche
• Stellantis
• Toyota Motor

How Many Deaths Have ARC Airbag Inflators Caused?

In 2021, the driver of a 2015 Chevrolet Traverse was killed when the airbag inflator ruptured in Michigan. And outside the U.S., a driver in Canada was killed by a ruptured airbag inflator in a 2009 Hyundai Elantra, according to the NHTSA.

“Airbag inflators that project metal fragments into vehicle occupants, rather than properly inflating the attached airbag, create an unreasonable risk of death and injury,” NHTSA said.

Takata Air Bag Recall

Millions of vehicles equipped with airbags made by the Japanese company Takata are already being recalled. The problem with Takata airbags is that prolonged exposure to high heat and humidity can cause them to explode when deployed.

To date, the Takata airbag defect has been linked to at least 18 deaths and more than 400 severe injuries, including blinding and maiming. The Takata airbag recall is the largest auto recall in U.S. history.

Related Article: Malfunctioned Airbags Recall Lawsuit Update

GM Air Bag Recall

In response to the ARC airbag controversy, GM announced that it would recall almost 1 million vehicles over concerns that the airbag inflator “may explode during deployment, due to a manufacturing defect.”

Included in the GM recall are the Buick Enclave, Chevrolet Traverse, and GMC Acadia vehicles from model years 2014 through 2017 with modules manufactured by ARC Automotive. GM Dealers will replace the airbag module, free of charge.

ARC’s Response

In a response letter to the NHTSA, an ARC spokesperson said the company “strongly disagrees” with the agency’s conclusion that a recall for 67 million airbags is necessary, and that the request was “not based upon any objective technical or engineering conclusion regarding the existence of a defect” and that the “failures were anything other than occasional or isolated.”

The letter went on to cite 8 years of cooperation with NHTSA on an investigation into ruptured airbag inflators, including tests on 918 inflators pulled out of cars from salvage yards and sent to the company’s labs for testing.

“None of the 918 inflators ruptured in the tests. Accordingly, the test program demonstrated with 99% reliability and 99% confidence that the inflators in the subject population would deploy without rupturing.- ARC

Statute of Limitations for Volkswagen Airbag Lawsuits

The statute of limitations for filing a Volkswagen airbag lawsuit varies by state, generally ranging from 1 to 6 years from the date of injury or discovery.

In product liability cases involving airbags, the “discovery rule” may apply, meaning the statute of limitations begins when you discovered or reasonably should have discovered your injury was caused by a defective airbag.

Due to these varying timeframes, it’s crucial to consult with an attorney as soon as possible after an injury occurs to ensure your claim is filed within the legal deadline in your state.

Related Articles:

• Mitsubishi Montero Recall Lawsuit Update
• Delphi Airbag Lawsuit
• Ferrari Airbag Recall Lawsuit

FAQs

1. Who can file a lawsuit related to Volkswagen airbags?

Individuals who have experienced injuries or damages due to defective Volkswagen airbags can file a lawsuit. Consulting with a personal injury lawyer specializing in automotive defects can help determine eligibility and guide the legal process.

2. What types of injuries are associated with defective Volkswagen airbags?

Injuries associated with defective Volkswagen airbags include cuts, bruises, fractures, and other injuries resulting from airbags failing to deploy in a crash or deploying unexpectedly. These incidents can lead to severe and potentially life-threatening injuries.

3. How can consumers determine if their Volkswagen vehicle is part of the airbag recall?

Consumers can determine if their Volkswagen vehicle is part of an airbag recall by checking recall notices issued by the company or regulatory agencies, which typically include vehicle model years, VIN numbers, and specific details about the defects.

4. What compensation might be available in a Volkswagen airbag lawsuit?

Compensation in airbag defect cases typically includes medical expenses, lost wages, pain and suffering, and potentially punitive damages. The specific amount depends on injury severity, long-term impacts, and evidence strength linking injuries to the defective product.

5. How long does a Volkswagen airbag lawsuit typically take to resolve?

Airbag defect lawsuits can take anywhere from several months to several years to resolve. Factors affecting timeline include case complexity, number of plaintiffs, evidence strength, and whether the case settles or proceeds to trial.

6. Can I still file a claim if my airbag hasn’t malfunctioned but is part of a recall?

Generally, you cannot file a personal injury claim if no injury has occurred. However, you may be eligible for compensation for diminished vehicle value or replacement costs through a class action lawsuit or recall remedy program.

7. Will filing a lawsuit affect my relationship with Volkswagen or my vehicle warranty?

Filing a lawsuit against Volkswagen for a defective airbag should not void your warranty or affect authorized dealer service. Federal laws protect consumers from warranty discrimination based on pursuing legal remedies for defective products.

Take Action Now: Time-Sensitive Legal Claims

Time is limited to pursue legal action for injuries related to defective Volkswagen airbags. Most states have a statute of limitations of only 2-3 years from the date of injury for product liability claims.

At Schmidt & Clark, LLP we offer:

• Free, confidential consultations to evaluate your case
• No upfront costs or attorney fees
• Payment only if we win your case and secure compensation

Don’t wait until it’s too late to seek justice. Contact our experienced product liability attorneys today to protect your rights and pursue the compensation you deserve.

See all related product liability lawsuits our attorneys covered so far.

References

1. https://www.nhtsa.gov/press-releases/consumer-alert-nhtsa-requests-recall-67-million-airbag-inflators

2. https://www.nhtsa.gov/vehicle-safety/takata-recall-spotlight