serious front collision in car airbag didnt deploy

goldspanners

dizzycreak wrote: »

Hi, my Dh had a serious rta 2 weeks today. Toyota yaris hit fence head on, flipped on back & feel 20ft, car write off, air bag didnt deploy.

so he hit a fence head on and you feel you are due compensation? maybe get him some driving lessons.

vaio

It’s really down to the physics of the crash.

If the forces were high enough that the airbags should have gone off and didn’t due to a manufacturing or design fault and the driver suffered injury as a result then why on earth shouldn’t he be compensated?

Ralph Nader had a fine line in protecting consumers from bad design by car makers, as this is a money saving/consumer rights website I’m surprised as some of the comments in this thread

goldspanners

vaio wrote: »

It’s really down to the physics of the crash.

If the forces were high enough that the airbags should have gone off and didn’t due to a manufacturing or design fault and the driver suffered injury as a result then why on earth shouldn’t he be compensated?

Ralph Nader had a fine line in protecting consumers from bad design by car makers, as this is a money saving/consumer rights website I’m surprised as some of the comments in this thread

airbags can also cause injury when they do go off and im sure people have tried to claim compensation for being injured by an airbag, so where does it all end?

mikey72

goldspanners wrote: »

airbags can also cause injury when they do go off and im sure people have tried to claim compensation for being injured by an airbag, so where does it all end?

It ends when you don't need to stand up for your rights.
If the op claimed the brakes hadn't worked, would he get the same response? If safety equipment you have paid for, and expected to function fails, some form of redress is required.

Nilrem

However aibag non deployment isn't automatically a failure, as others have said there can be plenty of situations in which an airbag doesn't deploy because it's working exactly as designed (and the necessary criteria for deployment have not been met).

mikey72

I agree with that as well, and I also know nothing about the accident.
However I think some of the comments here are un-called for, and others just unpleasant.
I can see nothing wrong with compensation if it is justified, and it isn't a dirty word to me.

vaio

Nilrem wrote: »

However aibag non deployment isn't automatically a failure, as others have said there can be plenty of situations in which an airbag doesn't deploy because it's working exactly as designed (and the necessary criteria for deployment have not been met).

and if the necessary criteria for deployment have been met and it doesn't go off?

uktyler

mikey72 wrote: »

It ends when you don't need to stand up for your rights.
If the op claimed the brakes hadn't worked, would he get the same response? If safety equipment you have paid for, and expected to function fails, some form of redress is required.

The response would have been different if someone was standing in front of the fence, or the driver was drunk at the time.

Maybe it will end up that everyone who has an accident is given money, regardless of who is at fault. Air bags are designed to go off in a front collision of 17mph+, if the fence was not strong enough to register this impact, or the driver was going under 17mph at the fence, then they should not of deployed. If the car was not on its wheels as it went down the drop, the airbag would not deploy because the air bags only work when the sensors detect movement at the wheels.

Also if the airbag had deployed at the fence, if could well have deflated by the time the vehicle stopped, meaning similar injuries could have been sustained regardless of deployment.

Unless the car in question has a history on air bag failure I can't see how the OP can prove it was a manufacturing issue.

Giving the car back to Toyota is only likely to result in them saying the airbag was not faulty, can you really see them saying 'yeas sorry it did not work, how much money do you want from us?'

Hintza

The OP will be fully entitled to compensation if they can prove that the airbag was faulty, had not been tampered with etc. But to do that will cost money and possibly a lot of money, so will need to hire a solicitor. If the OP can't afford to hire a solicitor then they will have to come to a no win no fee arrangement with a solicitor and to get them to take the case on they will have to convince them of the merits of the case.

hewhoisnotintheknow

certain criteria need to be met for the airbag to go off, i guess they were not