Gutierrez, et al. v. American Honda Motor Co., Inc.,
Case No. 5:09-cv-01517-JZ-OP (C.D. Cal., filed Aug. 10, 2009)

*UPDATE
The claims period closed on September 2, 2014. The court granted final approval of the class action settlement on 11/19/2014. No appeals were taken and the settlement has become final. The checks were mailed to approved Class Members on 1/30/2015. Please allow sufficient time for delivery.

Welcome

Welcome to the Side Airbag Settlement website. This website provides information about the Settlement of a lawsuit alleging that the side airbags in certain 2003, 2004 and 2008 Honda Accords are purportedly prone to deploying in situations where deployment of the side airbag is otherwise not warranted. Capitalized terms shall have the meaning given them in the Settlement Agreement unless otherwise specified.

The Settlement was preliminarily approved by the Court on February 13, 2013. The Court granted final approval of the Settlement on November 19, 2014, and the settlement became final on December 22, 2014 (the "Effective Date"). AHM will provide the benefits to eligible Settlement Class Members described in detail in the Settlement Agreement and Class Notice and more briefly below:

SUMMARY OF SETTLEMENT
  Deployment Class Injunctive Class
Class Eligibility You may be a member of the Deployment Class. if you purchased or leased, new or used, a Class Vehicle that experienced a Reimbursable Deployment of a Side Airbag and that is identified by VIN on this website You may be a member of the Injunctive Class, if you are the current owner of a 2008 Honda Accord Sedan, manufactured before June 12, 2008.
Class Benefits Members of the Deployment Class are eligible to receive one of two benefits:
  • Reimbursement of all expenses incurred, but not previously reimbursed, to repair or replace the Side Airbag following a Reimbursable Deployment; or
  • Repair or replacement (at AHM’s election) at no charge of a Side Airbag that experienced a Reimbursable Deployment prior to the Preliminary Approval Date but had not been previously repaired.
Members of the Injunctive Class who experience a Reimbursable Deployment of a Side Airbag are eligible to have the Side Airbag repaired or replaced (at AHM’s election) at no charge provided that they present a claim for a Reimbursable Deployment to an Authorized Honda Dealer within two (2) years of the Effective Date.
Your Legal Options
  • Participate in the Settlement;
  • Opt Out of the Settlement; or
  • Object to the Settlement.
  • Participate in the Settlement;
  • Opt Out of the Settlement; or
  • Object to the Settlement.
What You Must Do To Participate In The Settlement Submit a timely and valid Claim Form by September 2, 2014 along with the required documentation supporting your claim. Nothing at this time. If you experience a Reimbursable Deployment within two (2) years of the Effective Date, you must take your vehicle to an Authorized Honda Dealer.
What You Must Do To Opt Out Of The Settlement You must act by September 2, 2014.

To exclude yourself or “opt out” of the Settlement Class, you must follow the procedures outlined in the Class Notice. If you exclude yourself from the Settlement Class, you cannot receive any of the benefits of the Settlement or comment upon the Settlement, but you will not be bound by the Final Order and Judgment.
You must act by September 2, 2014.

To exclude yourself or “opt out” of the Settlement Class, you must follow the procedures outlined in the Class Notice. If you exclude yourself from the Settlement Class, you cannot receive any of the benefits of the Settlement or comment upon the Settlement, but you will not be bound by the Final Order and Judgment.
What You Must Do To Object To The Settlement You must act by September 2, 2014.

If you are a member of the Settlement Class and you do not Opt Out, you may object to the terms of the Settlement, the Attorneys’ Fees and Expenses, and/or the incentive awards to the class representatives. To object to the settlement, you must follow the procedures outlined in the Class Notice. You must remain a member of the Settlement Class (i.e., you cannot ask to be excluded) in order to object to the settlement, and if the Settlement is approved, you will be bound by the Final Order and Judgment.
You must act by September 2, 2014.

If you are a member of the Settlement Class and you do not Opt Out, you may object to the terms of the Settlement, the Attorneys’ Fees and Expenses, and/or the incentive awards to the class representatives. To object to the settlement, you must follow the procedures outlined in the Class Notice. You must remain a member of the Settlement Class (i.e., you cannot ask to be excluded) in order to object to the settlement, and if the Settlement is approved, you will be bound by the Final Order and Judgment.
What You Must Do To Attend the Hearing on November 19, 2014 You must act by October 10, 2014.

Any member of the Settlement Class may attend the Final Approval Hearing. Any member of the Settlement Class who does not request exclusion may also enter an appearance through counsel, but all fees and costs of such counsel are the responsibility of the member of the Settlement Class. If you wish to attend or have your attorney attend the hearing on your behalf, you may do so, but if you or your attorney would like to address the Court during the hearing, you must file with the Clerk of the Court a notice of appearance and, if necessary, a pro hac vice application. The address for filing any documents with the Court is Ninth Circuit Court of Appeals, Richard H. Chambers Courthouse, 125 South Grand Avenue, Pasadena, California 91105.
You must act by October 10, 2014.

Any member of the Settlement Class may attend the Final Approval Hearing. Any member of the Settlement Class who does not request exclusion may also enter an appearance through counsel, but all fees and costs of such counsel are the responsibility of the member of the Settlement Class. If you wish to attend or have your attorney attend the hearing on your behalf, you may do so, but if you or your attorney would like to address the Court during the hearing, you must file with the Clerk of the Court a notice of appearance and, if necessary, a pro hac vice application. The address for filing any documents with the Court is Ninth Circuit Court of Appeals, Richard H. Chambers Courthouse, 125 South Grand Avenue, Pasadena, California 91105.
What Happens If You Do Nothing If you do not sign and return a Claim Form within the timeline specified in the Settlement Agreement, you will not be able to claim benefits under the Settlement, but you will be bound by the Court’s judgment. You are not required to take any action at this time. If you experience a Reimbursable Deployment within two (2) years after the Effective Date, you must take your vehicle to an Authorized Honda Dealer. If you do nothing, you will not receive any benefits and will be bound by the Court’s judgment.