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.
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.
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.
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.
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.
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!
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.
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.
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