The bankruptcies of GM and Chrysler mean many people will be searching for deals in the car market. But before you buy, ABC2 News Investigator Joce Sterman has a warning. As she explains, if something goes wrong and you're hurt in a car made before the filing, you could be out of luck.Mark Jones had a dream house built for his wife, Kim, on the Eastern Shore. He bought her a dream car, a red VW, for Christmas years ago. And he gave her a digital camera nearly three years ago. She used it to take the last picture of him, just days before their dreams of growing old together went up in smoke. Kim Jones says, "I never imagined how hard it would be if I lost him. It might cross your mind but until it happens to you, it's just unreal."
It's been nearly three years since Kim lost her husband. He died from injuries in a grisly car accident. The 44-year old was behind the wheel of his Geo Tracker when it was hit from behind on Route 50 and quickly caught fire. Mark couldn't unbuckle his seatbelt and was trapped, burning alive in the gas-fueled fire until passersby pulled him from the car. Lieutenant Michael Donaway from the Salisbury Fire Department says, "It was very gruesome, very gruesome. That's probably the worst thing I've ever seen, unfortunately."
Bryan Murray pulled Jones from the burning car. He says, "From his waist to his head were on fire." The Jones' believe that fire can be blamed on a faulty fuel tank that punctured during the crash. They sued General Motors, claiming the company knew about the defect and its dangers, but didn't do anything about it. Kim says the case was moving toward a potential settlement, "It's been going on a long time and we were so relieved it was almost over."
But her family’s relief turned to heartbreak when they learned the GM bankruptcy would bring their case to a grinding halt. Mandi Jones, Mark’s daughter, tells ABC2, “It's scary because it feels like a copout, like we're being put on the back burner." They're not alone. Auto safety experts, including Sean Kane with Safety Research and Strategies, say hundreds of cases against GM and Chrysler are now in a holding pattern. A special bankruptcy filing allowed the new Chrysler to start over free and clear of all liability in injury cases. GM is planning a similar filing, meaning the families of those hurt or killed by product defects have essentially lost their right to sue the new companies. Clarence Ditlow with the Center for Auto Safety says that includes future victims who bought their cars before the filing, "If you want to get any kind of relief for these families from GM or Chrysler, you're just out of luck. The judicial doors have been slammed shut."
Maryland Attorney General Doug Gansler doesn’t agree. He's joined with attorneys general from other states to fight this part of the bankruptcy and what some have called big business bullying of consumers. Gansler tells ABC2, “You cannot pull the rug from under these people and say ‘Too bad, we mismanaged our company, therefore the person that died because of our fault, our mistakes no longer has any recourse’. That's not the way the American justice system works."
And justice is what Kim Jones needs to move on. She says she'll continue fighting against the auto giants to make sure her husband's death isn't just a case they can simply wipe away. She says, "It's a family that's been left behind." Their family is one of many stuck in limbo in a legal battle, forced to wait in line. As for GM’s response, their rep says "All claimants will have the opportunity to submit their claims and have them resolved by the court".
Chrysler’s representative tells ABC2 they're saddened anytime someone is injured in one of their vehicles. The company also says the bankruptcy process is complex but that it was their only option of creating a viable company. However, industry advocates say the rebuilding comes at the expense of accident victims who have already sacrificed enough. Ditlow says, "Consumers shouldn't be treated as collateral damage."
