No group was more victimized than those already victims of GM and Chrysler's malfeasance: those persons injured as a result of defective vehicles sold by these companies. Their pending legal claims against the companies for compensation for their injuries, or family members' claims for lost loved ones, were extinguished by the bankruptcy process. In the case of Chrysler, future victims of defective products on the road also will be without opportunity for redress; GM agreed to accept liability only for future victims.
The decision to refuse successorship liability at these two companies was discretionary, and the result of the task force's inhumane depersonalization of tragedy. We can not believe that you, or the members of the task force, would have made such a decision if you had met with the victims, heard their stories and looked them in the eye. (For photos and the stories of some victims, see: <www.centerjd.org/archives/press/2009/BankCaseStoriesPhotoF.pdf>.
The injustice perpetrated on the victims demands remedy. With the administration having guided the bankruptcy process that stripped them of their rights, in effect executing a motion for dismissal by executive diktat, it is incumbent on you to provide that remedy.
As the major shareholder in GM and a still-dominant force regarding Chrysler, the U.S. Government could simply instruct the companies to accept successorship liability for existing victims, and instruct Chrysler to follow GM's lead in accepting liability for future injuries stemming from its defective products. (And until Chrysler accepts such liability, there should be a required disclosure on all used Chryslers for sale, indicating that the purchaser will have no cause of action against Chrysler in the event of any harm stemming from a product defect; a petition to this effect is now pending at the Federal Trade Commission.)
Alternatively, you could support and ensure passage of proposals in Congress to require the companies to buy insurance policies to cover victim claims.
It is unconscionable that the victims of defective vehicles sold by mismanaged, taxpayer-saved Chrysler and GM are being victimized again, this time by their own government -- as that government aims to rescue the companies that perpetrated harm on them. We hope you will not let this situation persist, as it surely will become your political burden.
Sincerely,
Ralph Nader, Robert Weissman