QUESTION
Do I have a personal injury lawsuit if my airbags did not deploy in an accident?
Asked on Nov 10th, 2011 on Personal Injury - California
More details to this question:
I was involved in a car accident where I accidentally swerved off of the road and my car flipped. When my car flipped my body moved forward in the car and the whole front of my car is smashed but the airbags did not deploy. Can I receive money from the insurance company for this?
16 ANSWERS
Assault Attorney serving Richardson, TX
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This depends on the age of the car, who maintained it etc.
Answered on Jul 03rd, 2013 at 1:54 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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No.
Answered on Jun 02nd, 2013 at 9:49 PM
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There have been product liability cases just as the one you describe.
Answered on Sep 07th, 2012 at 3:46 PM
Family Law Attorney serving McDonough, GA
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South Atlanta Family Law
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You can always file a claim with your own insurance company after an accident. You may also have a products liability case against the dealership and/or manufacturer for the fact that the air bag did not deploy. Consult with a product's liability attorney about your options.
Answered on Nov 14th, 2011 at 11:46 AM
You should consult with a plaintiff's product liability or accident attorney for specific advice and direction regarding the failure of your car airbag to deploy and whether or not it was defective.
Answered on Nov 11th, 2011 at 9:58 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Airbag cases are difficult and expensive. Insurance companies will not settle easily, if at all. You will need to have an expert witness, accident reconstruction and a lawyer who is experienced in airbag cases. Unless your injuries are catastrophic, it may not be possible to go forward as a logistical matter, regardless of legalities.
Answered on Nov 11th, 2011 at 9:33 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Possibly. But you'll have to save the car and get an attorney.
Answered on Nov 11th, 2011 at 8:48 AM
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If your damages are significant, a lawyer may take your case. Otherwise, no lawyer will take a products liability case with small damages.
Answered on Nov 11th, 2011 at 7:34 AM
Gary Moore
You need an expert to examine the airbags before you make any repairs and you need to do it now. Yes, you have a claim if the expert says that there was negligent manufacture or design of the airbags.
Answered on Nov 11th, 2011 at 1:09 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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You may have a personal injury lawsuit for a possible defective product. However, your insurance company will not be liable for your injuries. You will have to pursue the manufacturer of the airbags and/or the vehicle to recover anything. There are some very tricky aspects to product liability cases and you need someone who is familiar with this type of case.
Answered on Nov 11th, 2011 at 12:27 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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You would need an engineer or product design expert to testify that the air bag was defective, and prove that your injuries would have been avoided had the airbag deployed. If your injuries are significant, you may have a case. However, if they relatively minor, it would not be worth pursuing because of the cost of hiring the experts and getting a case like that ready.
Answered on Nov 10th, 2011 at 11:58 PM
Disability Law Attorney serving Marshall, TX
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Carlile Craig, L.L.P.
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You may have a claim.
Answered on Nov 10th, 2011 at 10:23 PM
You would need to prove that the airbags were defective. In order to do so, you will need to hire an expert to inspect your car to see if they were faulty. This will costs thousands of dollars to do. Even if you find one successfully, the defendants will have an expert of their own to combat your expert's findings. Assuming the airbags are defective, you will then have the burden of proving what ADDITIONAL injuries you received as a result of the airbags not deploying properly. In other words, you need to be able to show your injuries would have been different had the airbags deployed. This is a very difficult thing to do considering your car flipped over. If your injuries are not severe, I don't think it is worth pursuing any further. These are extremely expensive claims to prosecute, and you will probably be wasting your time. In any event, you can always contact an experienced personal injury attorney in your area for a consultation.
Answered on Nov 10th, 2011 at 10:20 PM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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Technically, maybe. If your injuries are extremely serious, permanent, there may be a claim. Otherwise, suing an airbag manufacturer would not be worthwhile. It could cost tens of thousands of dollars. Then, no guarantee you win. Lots of things happen in courtrooms. Best to you, and I hope you having no serious injury. Concerning your car damage, that's on you, as it was your fault, and you should obviously use your insurance for that.
Answered on Nov 10th, 2011 at 4:56 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Excuse me, compensation for what? You did not say you were hurt. Are you looking for damage to the front of your car? What are you looking for? Airbags are designed to keep people from flying thru a windshield or being thrown out of the car. They are not designed to do magic stuff and they certainly don't guarantee there will be no injury to the driver, only hopefully to keep him in his seat during a collision/accident
Answered on Nov 10th, 2011 at 4:55 PM
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No, you would have to sue the manufacturer. Call a lawyer.
Answered on Nov 10th, 2011 at 4:54 PM