QUESTION

What should I do if my RAV4 2010 side airbag didn't deploy?

Asked on Oct 03rd, 2012 on Personal Injury - Pennsylvania
More details to this question:
I bought a 2010 RAV4 (brand new), just recently my car was T-Boned and the side airbags did not deploy. Damages to the car are > $12,000. The mechanic told me the sensors for the side airbag are crushed but does not understand why the air bags did not get deployed. This is not a used car, brand new. What should I do here, I think I have a faulty car in hand. fortunately no one was hurt but this could have gone the other way.
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13 ANSWERS

Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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What are your damages for this failure? Ask Toyota to fix it.
Answered on Oct 08th, 2012 at 10:47 PM

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Ronald A. Steinberg
Well, if someone was hurt, then perhaps you could have sued. You cannot sue unless there are damages to you and/or your passenger(s).
Answered on Oct 08th, 2012 at 2:35 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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If someone was hurt because the air bag did not deploy, and you could prove the air bag was defective, you could sue for the injuries. Since no one was hurt, you might be entitled to have the air bag inspected and fixed.
Answered on Oct 07th, 2012 at 12:17 PM

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Bankruptcy Attorney serving Bellevue, WA at Wild Sky Law Group, PLLC
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You don't have a claim for injuries since luckily no one was injured. I would call Toyota and let them know what you found from your mechanic. You can also report it to the Consumer Protection Safety Commission so they are aware of the defect with your vehicle. If they get similar reports, it may tip them off to a systemic problem with the cars.
Answered on Oct 07th, 2012 at 11:51 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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What is your damage other than the need to repair the air bag system? What are you looking for. Air bags are designed to keep you from being thrown out of a car. You weren't thrown out I assume the warranty will repair the bags, so you have no loss, no damage, no claim to speak of.
Answered on Oct 07th, 2012 at 10:52 AM

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You can sue Toyota and the dealer. However, you state no one was hurt because of the side airbags failure to deploy. However, you should immediately report this to your Toyota dealer and Toyota USA. They may want to take a look at the car before it gets repaired. Also, they should fix this under warranty.
Answered on Oct 06th, 2012 at 12:58 AM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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The key phrase here is "no one was hurt". You should definitely report this to the company, send them a copy of the mechanic's report, follow up with a meeting with the regional manager have a company representative inspect the vehicle and the damaged parts AND NEXT TIME, BUY AMERICAN!
Answered on Oct 06th, 2012 at 12:25 AM

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Thomas Edward Gates
Talk to the dealer, but you can expect no damage award since you were not injuries.
Answered on Oct 05th, 2012 at 11:57 PM

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Insurance Defense Litigation Attorney serving Auburn, CA at Graves Law Offices
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You would have a product liability action action Toyota.
Answered on Oct 05th, 2012 at 11:56 PM

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Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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Fortunately, no one was hurt and thus you will not get compensated.
Answered on Oct 05th, 2012 at 11:45 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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I'd take it back to the car dealership where you bought it and insist they replace the side airbag sensor, unless the insurance company for the driver who caused the accident totaled it, in which case just get a different car. If you weren't physically injured solely because the airbag didn't deploy, then it's no harm, no foul.
Answered on Oct 05th, 2012 at 11:45 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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Get the car fully repaired, then sell it.
Answered on Oct 05th, 2012 at 11:44 PM

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Personal Injury Attorney serving North Wales, PA
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Since no one was injured your case may be deemed not worthy of bringing by a lawyer. You should talk with a good lawyer and notify Toyota so they can fix the problem.
Answered on Oct 05th, 2012 at 11:42 PM

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