Takata Airbag Recall

The Takata Airbag Recall and Vehicle Registration in SA

On 8 September 2018, the South Australian Registrar of Motor Vehicles announced that the registration of light vehicles fitted with defective ‘Alpha’ Takata type airbag inflators will be refused from 1 November 2018 until those airbags are replaced, to ensure the safety of all road users.

Vehicle owners will be notified by the Registrar if their vehicle is identified as having an ‘Alpha’ airbag inflator and will have a minimum of 30 days to provide evidence to Service SA that the defective airbag has been replaced.

Details of the announcement can be accessed here.

The ACCC has also provided information to consumers about the Takata airbag recall, which is available here.

Other states are also considering similar action, as outlined in “The Advertiser” on 12 September 2018.

If my vehicle registration is cancelled, what does this mean for my CTP Insurance cover?

Compulsory Third Party Insurance (CTP) is paid at the same time as you pay your vehicle registration. It is compulsory for motorists to pay for CTP insurance with their vehicle registration.

By paying the CTP Insurance premium, motorists are protecting themselves from potentially being liable for significant damages if their vehicle causes injury to other road users.

If your motor vehicle’s registration is refused or cancelled by the Registrar then you should be aware that you are not covered by CTP Insurance in the event of a motor vehicle accident which results in injury to another person. This could potentially expose you to being personally liable for any injuries sustained.

Would I be covered by my CTP Insurance Policy if I caused an accident which was in any way as a result of the faulty airbag?

If you cause injury to another person in South Australia as the result of a motor vehicle accident, the injured person can still lodge a claim against your CTP Policy of Insurance.

The fact you have a faulty airbag in your vehicle does not preclude you or your passengers from lodging a claim.

However, it is a matter for the CTP Insurer to determine whether the airbag may have contributed to the injuries sustained, and what action to take as a result.

You may wish to consider seeking independent legal advice.

Further information

The Department for Planning, Transport and Infrastructure has further information on how to find out if your vehicle is affected by the recall here.