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Driver Negligence “Irrelevant” in GM Compensation Fund

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Jarod Cassidy3 years ago

According to attorney Kenneth Feinberg, driver negligence will not be considered when victims of accidents connected with General Motors’ ignition-switch recall file with the automaker victims’ compensation fund.

Kenneth Feinberg Answers Questions Concerning GM Settlement Fund

“If the driver was intoxicated, speeding, texting on a cellphone – totally irrelevant for this program.” – Kenneth Feinberg as published by FOX Business Network

In an interview with FOX Business Network’s Neil Cavuto, Feinberg confirmed that incidents of driver negligence will not be considered when a claimant applies for compensation through GM’s ignition-switch settlement fund.

This means that even if a driver was speeding, intoxicated, or distracted while driving, their claim is still valid as long as they can prove that a defective ignition switch contributed to their injuries.

Currently, it is up to the claimant to prove that their injuries were related to a defective ignition switch and that airbags failed to deploy during the collision; however, Feinberg did state that GM would review cases in which drivers were able to power their vehicles back on preceding impact, resulting in airbag deployment.

Any occupant that was injured in a recalled GM vehicle in which airbags did not deploy during an accident may file a claim, as pedestrian who was struck by such a vehicle. Occupants of vehicles that were struck by a recalled GM vehicle in which airbags failed to deploy my also file a claim.

GM Evaluating More than 3,500 Death and Injury Claims

There are more than 3,500 death and injury claims that have yet to be evaluated by GM.

Feinberg says that one goal of the settlement fund is to ensure that these claims are processed as efficiently as possible while ensuring that victims receive fair compensation.

Feinberg claimed that simple claims should take no longer than 90 days to process and that more complex claims should be handled within 180 days.

There will be no limits on the total size of the fund, nor how much a single claimant may receive in connection with their claim.

Thomas J. Henry Representing Hundreds of GM Recall Victims

Thomas J. Henry is representing more than 1,000 GM recall victims across the United States and has been investigating injuries and deaths linked to the recall since day one. The firm launched a nationwide media investigation into the recall in April, which brought forth thousands of affected individuals who had information critical to the investigation – information that the firm has handed over to federal agencies also investigating GM’s sluggish response the recall.

As more and more individuals have flocked to Thomas J. Henry for representation, the firm has continued to push GM for a victim settlement fund. The firm has had several talks with GM’s victim compensation expert Ken Feinberg regarding appropriate victim compensation for the thousands affected by a fatal design flaw in ignition switches which left numerous dead and countless others seriously injured. 


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