TAKATA AIR BAG RECALL - LEGAL UPDATE

[Larz]

Takata Airbag Recall
As we all are aware, some of us still driving M35/M45 models might have a defective airbag. This has lead to concerns, misinformation, and varying degrees of reliability of sources who claim to have the best info on this issue. I felt it was a good idea to do some actual research and weed out unsubstantiated sources to compile the most accurate information available. We each need to make a decision regarding how to proceed. Having accurate information is critical. The most powerful consumer is an informed consumer.
What follows is the result of my research.

First, this release from NHTSA (National Highway Traffic Safety Administration)
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Vehicles made by 14 different automakers have been recalled to replace frontal airbags on the driver’s side or passenger’s side, or both in what NHTSA has called "the largest and most complex safety recall in U.S. history." The airbags, made by major parts supplier Takata, were mostly installed in cars from model year 2002 through 2015. Some of those airbags could deploy explosively, injuring or even killing car occupants.

At the heart of the problem is the airbag’s inflation cartridge, a metal cartridge loaded with ammonium nitrate propellant wafers, which in some cases has ignited with explosive force. If this housing ruptures in a crash, metal shards from the airbag system can be sprayed throughout the passenger cabin — a potentially disastrous outcome from a supposedly life-saving device.

NHTSA has determined the root cause of the problem: airbags that use ammonium nitrate-based propellant without a chemical drying agent. As postulated early on, environmental moisture, high temperatures, and age as associated with the defect that can improperly inflate the airbags and even send shrapnel into the occupant. To date, there have been 11 deaths and more than 100 injuries due to this problem in the US.
- NHTSA release May 2016

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Some details we all need to know:
1) Even a minor fender bender can cause these airbags to activate, then rupture, spraying metal shrapnel into drivers and passengers.
2) 1 out of every 5 cars in the US has a Takata airbag system.
3) It is estimated that it may take until 2019 for every vehicle to be repaired.

Below are reported numbers (as of July 2016) for major car makers affected. I was unable to find an actual number for Infiniti specifically, only an 'estimate' from a non-infiniti source.

Total estimated recalls by brand:

Infniti 52,000 vehicles (not confirmed by Infiniti)
Model Year 2001 Infiniti I30
Model Year 2002-2003 Infiniti I35
Model Year 2002-2003 Infiniti QX4
Model Year 2003 Infiniti FX35/FX45
Model Year 2006-2010 M35 and M45

BMW 1.9 million
Chrysler / Dodge/Ram 5.6 million
Ferrari 2,800
Ford / Lincoln Mercury 2.8 million
Honda 10.7 million
Jaguar 20,000
Land Rover 34,000
Mazda 750,000
Mercedes 1.1 million
Toyota / Lexus 4.7 million
Volkswagen 680,000
Audi 390,000
GM various brands 1.9 million

Infiniti is focusing on the High Absolute Humidity (HAH) Region: Florida is the #1 state in the HAH region, but it includes the following (as of July 27, 2016):
Alabama
American Samoa
Florida
Georgia
Guam
Hawaii
Louisiana
Mississippi
Puerto Rico
Saipan
Texas
U.S. Virgin Islands

Aboiut Takata:
Rueters reported in June 2016 that Shigehisha Takata, The long standing CEO will resign after a new management team is in place. Takata Corporation is the 5th largest global provider of seat belts and airbags.
Automakers have shouldered recall expenses so far on Takata's behalf, given its limited financial leeway: Takata had $488 million in cash and deposits and equity capital of 121.8 billion yen as of the end of March. But individual car makers expenses for replacement airbag systems could reach to more than 500 billion yen - 5 times the Takata resources.
Therefore, the company is looking to partner with new financial suitors to help prevent an actual court-led bankruptcy. Many firms such as Kohlberg Kravis Roberts (KKR-New York) have applied as bail-out sponsors which would allow Takata to continue producing parts while submerged in debt. I remember KKR as Jerome Kohlberg, Henry Kravis, and George Roberts - a private equity firm specializing in leveraged buy-outs such as RJR Nabisco in 1989 which was the largest buy-out in history.

Will all replacement systems come from Takata?
Some will, but not all according to this report from Forbes:
Giant Sweden-based auto supplier Autoliv (NYSE:ALV) announced a major expansion of its airbag-inflator production capacity early last year in order to help its automaker clients complete the recalls. Japan's Daicel (NASDAQOTH:DACHF) is also producing inflators for Toyota (NYSE:TM) and others. The Autoliv and Daicel inflators don't use the ammonium nitrate propellant that is susceptible to moisture damage.

To make matters even worse, it has been reported that the replacement airbag systems are not much more stable or safe than the systems being replaced.
Takata is the ONLY manufacturer to use ammonium nitrate as an accelerant - all other manufacturers declined to use it as it is considered to be 'unstable over time'. Experts have stated that testing shows the defective airbag with it's unstable propellant (ammonium nitrate) turns the airbag safety device into a virtual pipe bomb. The newer Takata replacement airbag systems STILL have this same unstable propellant but with a desiccant powder added to help ward off humidity and absorb moisture. Takata claims this fixes the issue, but does it? According to engineers, the new airbag system will degrade just like the defective system, but at a slower rate. Does this mean there will be a recall for the already recalled airbag systems?
Read more about these concerns here:
http://wjla.com/features/7-on-your-side ... 50-million

To find out if your vehicle is listed, go the following website and enter your VIN:
http://www.safercar.gov/CheckForRecalls

This is a slo-motion video if a defective Takata airbag exploding instead of inflating properly:
https://youtu.be/7wS6b3y9b1w

What are my plans?
I received my first letter announcing I am on the replacement list and I am waiting for the second letter asking me to make an appointment to have the work done.
I am of two minds over this recall. Out of an estimated over 10 million cars, there have been 11 deaths - roughly one in a million chance. Even ONE death is too many, but the likelihood of my car having a potential pipe bomb in it seems extremely small. On the other hand, what if I AM in that extremely small group? For now, I have a plastic crate filled with a couple books that sits on the passenger seat with the seat belt fastened around it, causing the "passenger seat belt OFF' light to stay on.
I do not, and will not carry multiple passengers in my M35 until it is repaired. Fetucini is aware of the risk, and is fine with sitting in the back seat. We both feel reasonably safe as long as the passenger airbag is deactivated. We can use my Fleetwood or the SUV for group outings.
My dealer has no specific date when the replacement parts will be available and I have not demanded a loaner until my car is fixed. I am essentially in a holding pattern right now.

I have written a letter to Infiniti Corp firmly requesting that my replacement system does NOT come from Takata. There are other manufacturers involved who do not use ammonium nitrate for a propellant and I want one of those brands instead. I will update if I get a response.

[Ilya]

Craziness.

[cfrankling]

Excellent research and thanks for letting us all know, I for one have not received any letter and since reading your post I went ahead and got to safecar.gov and did a search of my 2006 M35 vin and.........there is was, mine has one too. I will be taking my car to the dealership along with the printed NHTSA recall info.

Thanks for the heads up Larz.

[Larz]

You're quite welcome. I cannot believe that any car company would still use Takata for air bag mechanisms.
Clue #1: no other maker uses ammonium nitrate for a propellant - just Takata
Clue #2: no other car makers air bags have troubles
Clue #3: Only Takata is killing and maiming drivers and passengers

[James_05_M35_RHD]

So the issue im having is this

I have an 05 Japanese Market M35.

Every article and google search i do comes up nothing with a RHD or an 05 PY50 FUGA or M35. Our transport authority has no recall notice and our Nissan website points to a page that does not exist. Infinit has no Dealer in New Zealand.

And a Japanese Vin number means i can't search any of the websites posted.

Any idea's ?

[Larz]

Nissan is recalling Fuga models with Takata airbags, but the only articles I can find do not include specific model years:

Nissan said it was recalling about 1.56 million cars globally over Takata airbags . The automaker said nine models in Japan were affected, including the X-Trail SUV, Fuga sedan and Isuzu Como van. It did not provide details on models affected in other markets.

Your car is a 2005 model year. Inifniti is not recalling any M35 / M45 models from 2005. Hopefully, that means the 2005 Fuga is not affected by this recall.

[steve_c]

.....I have an 05 Japanese Market M35.
Every article and google search i do comes up nothing with a RHD or an 05 PY50 FUGA or M35. Our transport authority has no recall notice and our Nissan website points to a page that does not exist. Infinit has no Dealer in New Zealand.
And a Japanese Vin number means i can't search any of the websites posted.
Any idea's ?

James,
I have an early build (8/05) USA spec M35x.
I put my VIN into the 2 sites to check airbag recalls by VIN, and I come up with nothing.

Other 06 owners have posted notices, so like yourself, not sure what is up. I know your case is a bit different, but I think only a few possibilities exist for us.
1). The market/geographical area/climate we live in is not conducive to takata airbag deployment, so we are not on the list.
2). Maybe another vendor was sourced for our airbags.
3). somehow we got left off the list!

In your case, can it be domestic Japanese Fuga's (M's) did not use Takata's?
Or is it possible Japanese market Takata airbags are not prone to deployment issues as climate conditions in Japan do not induce this problem?

Larz, any thoughts on this?

[EdBwoy]

...
1). The market/geographical area/climate we live in is not conducive to takata airbag deployment, so we are not on the list.
...

Larz, any thoughts on this?

I am not certain, but I sure hope they do not put geography into consideration in that manner. I believe they do look at location of titling/registration when determining recalls for things such as salt corrosion and maybe paint fade (which is usually a good indicator of where the vehicle spends its time). However, for a safety item like this, that could be tricky. Say I drove my M to the most humid area of the Gulf Coast for a one week vacation then it hits the fan?

But maybe that's just the focus as of now, and you guys will eventually get your notices.

[Larz]

.....I have an 05 Japanese Market M35.
Every article and google search i do comes up nothing with a RHD or an 05 PY50 FUGA or M35. Our transport authority has no recall notice and our Nissan website points to a page that does not exist. Infinit has no Dealer in New Zealand.
And a Japanese Vin number means i can't search any of the websites posted.
Any idea's ?

James,
I have an early build (8/05) USA spec M35x.
I put my VIN into the 2 sites to check airbag recalls by VIN, and I come up with nothing.

Other 06 owners have posted notices, so like yourself, not sure what is up. I know your case is a bit different, but I think only a few possibilities exist for us.
1). The market/geographical area/climate we live in is not conducive to takata airbag deployment, so we are not on the list.
2). Maybe another vendor was sourced for our airbags.
3). somehow we got left off the list!

In your case, can it be domestic Japanese Fuga's (M's) did not use Takata's?
Or is it possible Japanese market Takata airbags are not prone to deployment issues as climate conditions in Japan do not induce this problem?

Larz, any thoughts on this?

GEOGRAPHY:
Climate swings is one of the major causes for these Takata airbags to turn into pipe bombs. Significant temp swings and high humidity caue the propellant (ammonium nitrate) to degrade from pellets to powder form over time. Once in powder form, it acts more like a pipe bomb than an airbag due to the explosive force caused by the ammonium nitrate. Therefore, if your car is registered in an area that does NOT have climate swings or high humidity, your less likely to have a problem, or so they claim. Notice they do NOT say you're safe, just less likely to have an issue. Personally, I don't consider ANY car with a Takata airbag as 'safe'.
In fact, I'd bet that there is a steel safe somewhere in the Takata corporate office or maybe even in the Takata family estate that contains 100% confirmation that ALL these airbags will deteriorate - just at different rates. Cars in the gulf states and Florida will be at highest risk, elsewhere not so much BUT still at risk.

BRANDS:
My Inifniti rep told me that there were two different suppliers used for the airbags in my model year and only the cars with the Takata brand were subject to the recall - that's because every other maker of air bags systems chose NOT to use the less expensive ammonium nitrate due to its history of being unstable.

Every time more information is released, the situation looks more bleak. There needs to be a way for every owner of every car to access the name of the manufacturer of specific parts used to make their car. I reckon that information is closely guarded, or at least not easily accessible. Whomever creates a website that gains access (legally) will be the next billionaire web guru and deservedly so.

[James_05_M35_RHD]

Its also especially tricky as my Car is imported. So any Japanese owner getting a notification of airbag recall won't help me anyway.

I also don't know if my car is classes an a FUGA or an M35. Its a 2005 RHD Badged as an infiniti m35, but once you step inside steering wheel, nav screen , buttons and sill covers are all very japanese and state nissan unlike your USA market ones which got the logo.


My thoughts were Takata Being a Japanese Company would be the same chances of having a Takata airbag deployment system as any export Market.

[Larz]

Its also possible that the previous owner removed the FUGA badge and replaced it with the M35 badge. I see that here very often.. In fact I was next to an old Ford Mustang at a traffic light about a week ago. That driver placed OEM Nissan "GTR" badges on his fenders ..... as if ! LOL.
I think the best thing going for you is your model year. There hasn't been even a mention of any 2005 models being recalled.

[Larz]

************ UPDATE 12/24/2016 *****************
It has been months since I received my first letter from Infiniti Consumer Affairs. During that time, I have contacted Infiniti Corporate twice and they have responded twice.

1). Requested loaner vehicle approval as my dealer was unable / unwilling to do so...........
Response: Infiniti is very concerned for the safety of owners (blah, blah) ..... However, the size of this recall may leave dealers with no available loaner vehicles ... (blah, blah) ... there is no legal requirement for Infiniti to provide transportation while waiting for these parts to be come available.

2). Request to have a brand other Takata used for my repair (Takata is the ONLY source for this pipe-bomb prone propellant and they have added a drying agent instead of dumping the dangerous, unstable compound used in the defective units). .............
Response: Your request has been received and reviewed... (blah,blah) .. arrangements for replacement parts is a very complicated process... (blah,blah) ......Infiniti is currently waiting on replacement parts from different manufacturers and will ensure that all repairs will meet the requirements of the NHTSA recall.

Fast forward to Friday this week past. I received my second letter asking me to contact my dealer to schedule repair. My service rep told me he has not been advised that any parts have been received at Orlando (the facility where my dealer is to receive them from). He told me he will follow up with Orlando next week (this week) and get back to me.
.

.
For now, Fetucini is not allowed to drive the M and if we go out together or have passengers, we use the SUV instead. I still drive the M to the office every day but I have belted into the passenger seat a plastic milk carton with enough books in it to cause the passenger bag to switch OFF.
I will update soon as any progress is made.

[Six_Legs]

Correct me if I'm wrong but by putting weight in the passenger seat, doesn't that turn the airbag ON for the passenger? Do I have this backwards? When I drive alone the passenger airbag is OFF because the seat is empty.

[EdBwoy]

Both extremes are correct to my knowledge, but there's some middleground to cover.
1. You're driving solo with the passenger seat unoccupied. The system has no need to notify you of anything.

2. You are driving with a passenger significantly over 40lbs (IIRC). Again, the system will work as intended and airbag will inflate in case of a front/rear crash or any other direction that the systems deems likely to need cushioning from the dashboard.
I believe here most cars either don't indicate anything, or expressly indicate OFF.

3. The area in between.
a). You have a passenger of just enough weight to activate the sensor but assumed to not be structurally sound to handle the impact of the bag, for example a toddler in that seat. The system turns the system off for safety.
b). Just like the situation above, the object is heavy but not heavy enough (like a backpack or a crate of your least favorite books), again the system stays off and indicates so. In this case, in case of a collision, your airbag doesn't go off to protect something that doesn't quite require it.
Some older vehicles had a key slot in the dash and let the driver make the call as to what needed protection since you have to manually turn the key to disable the passenger airbag.


At a risk of sounding reckless here, after weighing the facts available to me, I would not condemn anyone for considering deactivating his/her own airbag. To some, this airbag might seem more dangerous than helpful. But again, we'd be playing a game of statistics here, and matters of safety cannot be taken lightly.

[BlackCat81]

FWIW, out of all the airbag inflator recalls I've done over the last couple years(?), I've come across ONE that was a rusty mess. Every single other one looked absolutely perfect.

And if you feel the need to deactivate your passenger airbag by any other way than just cutting the wiring, you'll have to pull the dash. I HIGHLY advise against attempting to disable or tamper with your airbag inflators.

[Larz]

My car has an indicator lamp in the overhead console. It illuminates to warn that the passenger airbag is OFF when a specific range in weight is applied to the passenger seat bottom. This way I don't need to tamper with or deactivate the air bag. I'm 90% sure that my car, although recalled, does NOT have an issue. However, it is a South Florida car from the day it reached the USA (in Jacksonville, FL) and my area is in the highest risk area for breakdown of the propellant due to humidity and temps. Therefore, I have taken whatever steps I can to avoid activation of the airbag.

[EdBwoy]

Makes sense, if the system is working as intended. Whether it's unoccupied (1 above) or the weight is minimal (3 above), the airbag is OFF.
It's only ON when something heavy enough is on the seat.

Small correction on my post above:

2. You are driving with a passenger significantly over 40lbs (IIRC). Again, the system will work as intended and airbag will inflate in case of a front/rear crash or any other direction that the systems deems likely to need cushioning from the dashboard.
I believe here most cars either don't indicate anything, or expressly indicate ON.

[Six_Legs]

I will not take any precautions whatsoever and don't really plan on having new airbags put in if and when my dealer gets them in. The numbers are on my side... Our daily routines are filled with hazards that are more likely to kill us than a faulty airbag.

[szh]

I will not take any precautions whatsoever and don't really plan on having new airbags put in if and when my dealer gets them in. The numbers are on my side... Our daily routines are filled with hazards that are more likely to kill us than a faulty airbag.

Maybe ...

But imagine a 20 mph fender bender accident ... that you would not even be scratched in normally ... but kills you when the metal fragments are driven into your head at high speed because the air bag accelerant was explosive.

Unfortunately, that is the scenario we would like to avoid.

Z

[Six_Legs]

I will not take any precautions whatsoever and don't really plan on having new airbags put in if and when my dealer gets them in. The numbers are on my side... Our daily routines are filled with hazards that are more likely to kill us than a faulty airbag.

Maybe ...

But imagine a 20 mph fender bender accident ... that you would not even be scratched in normally ... but kills you when the metal fragments are driven into your head at high speed because the air bag accelerant was explosive.

Unfortunately, that is the scenario we would like to avoid.

Z

Imagine getting out of bed in the morning, tripping and falling while walking to the bathroom and hitting your head on the corner of the dresser causing you to die from blunt force trauma... Probably shoulda stayed in bed???

I've learned in my line of work that when it's your time, it's your time no matter how cautious you are.

[Larz]

UPDATE: 02/03/2017
I was contacted by Jeffery, my service rep. My air bag replacement has arrived.
However, I now need a new dash as well. Separate thread for that, but Jeffery is holding my air bag until my new dash comes in. I don't want them dismantling my dash twice. I'm gonna have both replaced at the same time.

[WillV]

Larz, did your request to not have a TAkata air bag go through? Or did you get a replacement Takata?

[Larz]

I'm glad you asked that! Sorry I forgot to mention. I asked Jeffery (my service rep) who made the replacement airbag. He wasn't able to tell me and repeated the same company line about how Infiniti uses many manufacturers, etc etc blah blah. I don't think he was avoiding me, I think that he has no way to know because Inifiniti doesn't tell anyone anything and his dept didn't actually place the order. It was all done through corporate.
Bottom line, even if it IS another Takata, this one will have the desiccant added (for whatever that's worth). My factory bag has gone 7 years without any desiccant and, most importantly, without blowing up. This new bag should go that long as well and I won't have this car in 7 years so I reckon I'm happy with whichever brand it is.

[WillV]

Yeah, LOL. Well that's a good way of thinking.

[gavnator]

Just got a call from Infiniti service dept (Roswell Infiniti of N. Georgia. They asked me if I wanted them to order the replacement air bag for my 06' M35X. I responded to them of course I want you to order it for replacement. They said parts are available and it should be in in 2 weeks. I found the question odd. I questioned them on the procedure for replacement and they confirmed the dash is removed to replace air bag. The dealership knows my car and that its pretty much perfect in side and out and that I expect the dash board to be in the same perfect condition when I get the car back. They told me it is roughly a 3 hour service procedure and that I will get a loaner while its at the dealership. My M's got 81,000 on the clock and still runs and looks almost new, but if this Takata mess was taking me out to summer/fall I was seriously thinking about trading it in for a Q70 just to get away from the air bad issue. Guess I can hold on to it for a while longer. I'll let you know how it goes after they complete the air bag replacement.

[Larz]

I'm not all that confident that the newer models don't have air bags from Takata. They may not be listed in the current recall because they have the Takata airbags with the desiccant instead of our older models without desiccant. In my opinion (and I am NOT an expert) is that anything from Takata is half-arsed and cheaply made. Why are Takata the ONLY makers who have not updated to safe propellants? Because they are the Walmart of manufacturers. Watch the video in my original post to see why I am sop down on this company.

[szh]

Yeah, scary!

My concern is that the 2003 G and a number of other Infiniti/Nissan models are part of the recall, but not the 2003 M45.

I would think that these model year cars share enough common parts (looking the same in many cases) that the Y34 also has the issue ... unfortunately, since there were less than 8500 of these 2003 and 2004 M45's sold in the USA, there may be no real information available to make a judgement call.

Sigh ...

Z

[gavnator]

Got a call from Infiniti of Roswell Friday regarding passenger air bag replacement. Taking the M in for replacement next Thursday. Going to have them change oil an replace battery as Infiniti replaced the current battery on 02/2010. Still starts fine but its over 5 years old. Let you know how the air bag replacement goes.

[airmanhoward]

Got a call from Lokey Clearwater Wednesday and they told me the replacement was in. About 2 hours later the lady call me back saying they had to order a special harness uuggh another 3 week wait.

[Larz]

Yeah, scary!

My concern is that the 2003 G and a number of other Infiniti/Nissan models are part of the recall, but not the 2003 M45.

I would think that these model year cars share enough common parts (looking the same in many cases) that the Y34 also has the issue ... unfortunately, since there were less than 8500 of these 2003 and 2004 M45's sold in the USA, there may be no real information available to make a judgement call.

Sigh ...

Z

I hear you mate.
By the time this all gets sorted (if it ever DOES get sorted), I reckon the number of vehicles will be ginormously more that any current reports. I still cannot work out how Infiniti can continue to use Takata for air bags when Takata is still using a propellant that the entire industry stopped using years ago due to a "proven lack of stability".
My service rep was unable to tell me who made the replacement air bag that they were holding for my car when we first spoke. When I called him to say that I found a new dash at a dealer in Arizona, he told me he confirmed all the new air bags they are receiving are in fact from Takata.
"lovely"