Auto Bailout Accident Victims Recovery Act of 2025
This bill, titled the Auto Bailout Accident Victims Recovery Act of 2025, would reopen and extend the window for certain government-related takings claims tied to the General Motors bailout. Specifically, it would waive any statute of limitations for eligible civil actions arising from the GM bailout, allowing claims filed on or before July 9, 2015 to proceed. The United States would be required to pay “just compensation” to eligible claimants, calculated as a lump-sum payment using a defined formula, and paid under the federal claims process. If no settlement is submitted within 60 days after enactment, the Attorney General must report to Congress on why a settlement could not be reached. The bill also establishes detailed definitions for who qualifies as an eligible claimant and what constitutes an eligible claim, tying eligibility to a specific bankruptcy and legal proceedings related to Motors Liquidation Company (the GM assets wind-down). In short, the bill aims to provide a structured, government-funded settlement for certain longstanding claims related to the GM bailout by removing deadlines to sue, defining eligible participants, and prescribing a specific formula for compensation.
Key Points
- 1Waiver of the statute of limitations: Eligible claims arising from the GM bailout that were filed by July 9, 2015 would not be subject to any statute of limitations, allowing older cases to proceed.
- 2Just compensation and payment: The United States would pay just compensation to eligible claimants to resolve eligible claims, with payments made under 31 U.S.C. § 1304 (the federal government’s payment authority to resolve claims).
- 3Definitions of who is eligible:
- 4- Eligible claim: a claim asserted on behalf of all eligible claimants in an eligible complaint.
- 5- Eligible claimant: a plaintiff, class member, or putative class member who filed a proof of claim in the Motors Liquidation bankruptcy (No. 09-50026) based on death or personal injuries tied to GM vehicles or parts manufactured/sold/delivered before June 1, 2009.
- 6- Eligible complaint: the complaint filed in the U.S. Court of Federal Claims on July 9, 2015 (Campbell, et al. v. United States) alleging the U.S. violated the Fifth Amendment in connection with the 2009 GM asset acquisition by NGMCO, Inc.
- 7Settlement process and reporting: If a settlement agreement has not been submitted within 60 days after enactment, the Attorney General must report to Congress on why a settlement could not be reached with counsel of record for an eligible complaint.
- 8Just compensation formula: The lump-sum payment for each eligible claimant equals:
- 9- 2.5 times the “allowed amount” listed on the final claims register from the Motors Liquidation bankruptcy case (as of June 3, 2021),
- 10- plus interest from July 10, 2009 to the settlement date at 3.5% per year, compounded quarterly,
- 11- plus reasonable court-approved fees and costs for counsel of record,
- 12- with no offsets of any kind.