Takata airbag scandal: “Compensation for victims will be automatic because the law is clear”

David Guyon: “Greater negotiating power”. DR

Montpellier lawyer David Guyon urges owners of vehicles equipped with defective Takata airbags not to let this happen. But “you'll have to be patient”.

In Montpellier, the office of lawyer David Guyon is supporting victims of the airbag scandal.

You have been contacted by victims of Takata airbag failures, what is the status of the legal proceedings??

We are currently preparing summonses that we will send out in batches of 50. What is slowing us down a bit is the time needed to retrieve the documents from each of the applicants, which is essential to justify the reality of the situation. If you say that you own a vehicle, you must provide the registration document. If you say that it impacts your professional life, you must be able to present your employment contract and any element that allows you to justify the real impact of this professional situation… That's a lot of documents to retrieve, and that's what's taking us the most time.

How many victims have requested your services ?

Last week, 80 people had validated the fee agreements and had officially mandated us. We are currently collecting their documents to properly prepare their file. We have to move quickly, but we must not confuse speed with haste. The hardest part is making people understand what their rights are, and what they can expect from legal action.

Having a lawyer take charge of your file is reassuring, and it does not prevent you from implementing other steps to be able to obtain a solution in the short term, in particular obtaining a loan vehicle. I explain to them that maybe they will have a repair in a few weeks, and they will be lucky, but it will be an exception.

That's it, we're not stuck in the other steps…

No, not at all. We explain all this in the most educational way possible, in particular via a newsletter sent to a little over 800 contacts, which keeps them in touch with current events, at least once a week.

This week, for example, we informed about the other models concerned. Overall, we offer solutions that go beyond the restricted circle of clients who have officially mandated us. We must also give advice, without it costing anything, we must reassure.

"Citroën has been the subject of a media campaign. Other manufacturers are concerned"

You can imagine that many more will end up taking legal action?

Yes, many more. Today, people still think that they will have a solution quickly, and they do not see the point in seeking a lawyer. The more time passes, the more people will see that nothing is happening. I explained to them: 200,000 Citroën vehicles are affected, but it is 400,000 for Mercedes and Volkswagen, not to mention that the Argus published on June 15 lists a whole series of vehicle models that are also affected by the recall campaign. The problem has been obscured by political news.

With the same problem, while it is much less talked about?

It's the same problem, exactly. Many car manufacturers were supplied by Takata and installed faulty airbags.

So there are people who are not aware that they are driving a dangerous vehicle, and who were not even warned about it ?

Exactly.

But why ?

Only Citroën did it because the manufacturer alone is the subject of a media campaign, including a damning report by TF1, reporting on the danger of the C3 and DS3 airbags which caused panic. The others know very well that they are concerned but they are trying, for the moment, to manage the situation calmly and to gradually change the airbag.

“I don't think we'll have to wait for a court decision”

What will change with the summons you're about to serve? ?

It has four purposes. First, it will speed up the airbag change. When you have a customer who's a bit of a pain, they'll have priority… Then, it will allow them to get substantial compensation. There are harms at stake: paying for insurance when you can't use your vehicle, your car is worthless, and you end up with a vehicle that you can't resell, you have skyrocketing costs because you're forced to rent a vehicle to go on vacation…

The third interest is the mutualization of legal costs. The pricing conditions that I offer today are lower than those that I usually offer to my clients for a procedure in the traditional judicial court. In general, insurance (either home insurance, life insurance, or bank insurance, etc.) allows the cost of the procedure to be covered, or legal protection allows its full financing, which is the case for 80% of my clients.

Finally, the negotiation will be easier with Citroën. When you represent 200 to 300 people, and I think we will succeed because our actions are not limited to Montpellier, it is the whole of France, you have a greater negotiating power than when you are alone. We are credible.

I do not think we will be forced to wait for a court decision to obtain significant compensation and an airbag change. That is the priority. Knowing that we end up with a vehicle that is no longer worth anything. Nobody will buy a C3 or a DS3 after this.

We know how slow court decisions are, it's reassuring…

We won't go all the way. People want their vehicle repaired as quickly as possible first, and they can't let a situation like this go by. There's something wrong here: we don't sacrifice driver safety on the altar of economic profitability. It's an industrial scandal, obviously. But we're not dealing with virulent claimants. Above all, they want to get out of this situation quickly.

You are filing a collective procedure?

I call it a collective action, but it is more of a mutualized action. The legal argument, the rules of law that we will apply, are the same. It is an action for liability of the manufacturer due to a defective product, it is article 1245 of the Civil Code. But compensation is individualized.

In a class action, an association represents a multitude of consumers who have suffered minimal harm, and who individually would have no interest in taking legal action. We are not in this context.

“Every day, damages add up”

Do you think that things can move quickly today, or will we necessarily have to be patient ?

We will necessarily have to be patient. But we will try to make things move a little.

The compensation could be substantial ?

Yes, with damages that add up every day. And above all, there is the moral prejudice. I work with a psychiatrist who can intervene anywhere in France thanks to videoconferencing, there are very detailed medical files.

In total, I think we are in a range of 10,000 to 20,000 euros of compensation per claimant. Not counting the cost of the vehicle. This compensation will be automatic because the law is very clear: the manufacturer must change the defective part and compensate for all the consequences, the amount will not be assessed, it is known.

There will be no legal loophole? We assume that Stellantis has colossal means to defend itself….

Of course. It should be noted that car manufacturers never communicate about their customer's right to compensation. But this right exists, and there is no room for negotiation.

Millions of euros are at stake. Today, Citroën wants to limit the damage by occupying public space and telling people that they are doing their best, relying on the lack of knowledge of drivers' rights. It is not with a light heart that we take legal action.

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