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Is New GM liable in tort for future product liability claims on vehicles manufactured by Old GM?

Binghamton, NY |

I drive a 2007 GM car (manufactured pre-bankruptcy) that I bought used. I know that New GM has assumed warranty liabilities for Old GM.

What about product liability claims that have yet to accrue? If I were to get in an accident caused due to defective parts or assembly from Old GM, will I have no recourse?

Attorney Answers 3


This is a complicated situation, one that requires more information than your hypothetical sets forth. Generally, when one company essentially takes over for an older one it would assume liability in the manner you describe. However, given the unique nature of the GM situation there may have been some assumption of liability form other sources, or coverage. My knowledge of the GM scenerio is limited, but I would expect the language you seek to be set forth in the fine print. I suggest you contact the dealer you purchased the car from for specific details. Good Luck.

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You need to contact a NY products liability and/or consumer law attorney to find out these answers.

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A July 23, 2009 news article in the Kansas City Star reported, "When the 'new' General Motors emerged from bankruptcy earlier this month, consumer groups praised the agreement reached to ensure that the automaker would assume liability for future lawsuits over vehicle defects." But "those with claims pending against GM would have to seek compensation through the bankruptcy court process, an avenue that most lawyers and experts agree would at best yield 10 cents on the dollar," making them "not worth pursuing."

Here is a link to that recent news article:

I hope you find this information useful.

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