I rear ended someone going about 50, and my airbags did not deploy, because of this I now have minor whiplash, and some bruised ribs from being throwing into my steering belt. Its a complicated accident, it wasnt really my fault, I didnt get to brake so my seatbelt did not lock up either.
Should I try to make a case against my car manf.? Is it worth it? Would I even have a case?
If it matters, I only hit them on the right half of my front end, not then entire front end.
2007-12-11 11:42:28 · 11 answers · asked by Anonymous in Cars & Transportation ➔ Safety
Depending on the angle of impact, it is possible that the air bag sensor was not activated! What disturbs me more about your account is you say that the seat belt did not lock, because you did not hit the brakes. The inertia lock should have engaged at impact, unless the impact was a glancing blow to the front fender! Brakes have nothing to do with it.
Could the bruises be from being thrown sideways, and being held by the shifting belt?
Without seeing the car and the point of impact, I can not tell you if you have a claim, but I tend to think you do not!!
2007-12-11 11:56:29 · answer #1 · answered by fire4511 7 · 2⤊ 0⤋
Airbags are designed to deploy at a certain given set of conditions - direct hit, speed over 50 (30 mph) you did not say your speed was whether Km or miles - I am assuming Km - and that it has not been deployed before.
Impacts in an angle do not count. The sensor is right up against the front a little off centre towards the driver side.
Even if it was then it should have been reinstalled by a dealer and not some auto mechanic who is not certified. You should be able to prove that it was done by a dealer. You say the seatbelts did not lock. I have a feeling you are not completely telling the truth. Even if you rearend at low speed, you are at fault. That's a given. You can argue till you are blue in face.
Assuming you can do all this, yes, you have a case. Actually, auto makers would like to hear from people who have had such incidences so that it helps them in their future designs. That does not mean they are admitting any liability in your case.
You can argue what's the sense in having airbags at all if it does not deploy. Well, they did precisely that once and even a minor bump in hitting the curb during parking used to deploy these bags. It was such a nuisance and the consumer advocates wanted the change. So, they changed the designs.
It is expensive to redo these bags properly once they are set off by some mishaps.
Good luck.
2007-12-11 12:03:39 · answer #2 · answered by Nightrider 7 · 2⤊ 1⤋
Did you hit a truck or something? Airbags are designed to go off when your bumper hits something. Often, when a car hits a truck, the truck sits up high enough that the car's bumper goes underneath and the truck's bumper goes through the hood, thus the airbag doesn't deploy. This recently happened to my uncle.
It would probably worth the time to at least discuss the case with an attorney and see if you have a legitimate claim.
The only way I can see this not being your fault is if the person pulled out in front of you at the last second. If someone slams on their brakes or something, you should have been following at a far enough distance to be able to stop.
2007-12-11 11:54:11 · answer #3 · answered by Freethinker 6 · 0⤊ 3⤋
You have no case and a 100% probability you will lose in court. I have seen this tried a dozen times and it has never been sucessful. Read the fine print from your new car paperwork or owners manual -- it NEVER states that the bags are guaranteed to deploy or that you will be uninjured if you do. Airbags are only SUPPLEMENTAL restraint systems, not the feather pillow from God's bed that will protect you in the event of a collision. Why can't you just be thankful that you aren't dead or in a wheelchair instead of trying to make a buck from the automaker? Hey -- if you want to give all your money to a lawyer, be my guest.
P.S. -- it's your fault.
2007-12-11 12:31:40 · answer #4 · answered by Anonymous · 3⤊ 0⤋
What year is the car? You have to have the airbags serviced when they are expired no matter if they were ever used or not.
The car manufactoer is not responsible for the customers neglect to take precaution measures. Just like another person said, If the car was in an accident before then maybe they were not properly fixed and were removed or disconnected. Get a car fax report in the future and know what you are buying.
As for your accident,Well you are 100% at fault if you hit them in the rear.
2007-12-11 11:53:12 · answer #5 · answered by Joox 3 · 0⤊ 2⤋
Was your car brand new?
If you bought a used car, maybe it had been in an accident before and the airbags were deployed and they were never properly replaced or something along those lines...
You could try to make a case against the car manufacturer, but I am not sure if it's worth it. I'm sure a lot of people try to do this same case every day.
2007-12-11 11:46:03 · answer #6 · answered by Kristina K 2 · 1⤊ 2⤋
yes i think you shouls. it doesnt matter where u hit, it matters dat da airbags shoulod hav deployed and dey didnt. now u hav whiplash and bruised ribs. it is da maufracters fault. now dis is ONLY MY OPINION. dont blame me if things do not work out. but i hope my answer helped u decide.
2007-12-11 11:47:25 · answer #7 · answered by punkypenguinUSA 3 · 0⤊ 5⤋
how can you rearend someone at 50 and not be your fault? get legal counsel for the airbag thing you're going to probably need it anyway for the rearend thing.
2007-12-11 11:46:48 · answer #8 · answered by brian d 6 · 1⤊ 3⤋
i wud, but make sure u have photos of the crash, showing that the air bags did not go off. U could get a lot of money!!!!
2007-12-11 11:45:22 · answer #9 · answered by Anonymous · 0⤊ 3⤋
Product liability. Yes, there's a case, but it would be expensive to prosecute.
2007-12-11 11:47:14 · answer #10 · answered by Anonymous · 0⤊ 3⤋