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Can I Sue My Car Manufacturer if My Airbags Don’t Deploy?

Can I Sue My Car Manufacturer if My Airbags Don’t Deploy?

deployed-air-bagAn issue that comes up from time to time is whether someone can file a lawsuit against their car manufacturer if they are in a collision and their airbags don’t deploy.   The short answer is maybe.
Frontal airbags are designed to deploy in moderate to severe frontal or near frontal impacts. So if you’re hit from behind don’t expect an airbag deployment.
But what about those instances where there is a frontal or near frontal impact where the airbags don’t deploy?  Technically, you may have a cause of action in that instance.  However, when bringing suit against a multi-billion dollar car manufacturer, you need to bear in mind any potential recovery, and what it will cost to obtain such a recovery.
Successfully bringing suit against any manufacturer is a very expensive undertaking.   To prove a case against the car company for defective airbags you must generally prove that all such vehicles manufactured with those airbags are dangerously defective.  For that reason, car companies fight these cases vigorously, because if they should lose they may need to recall all those vehicles and fix them, costing many millions of dollars.
For that reason, when analyzing whether it makes sense to file suit, lawyers have to look at the injuries sustained as a result of the airbags failing to deploy.   If the injuries are not truly catastrophic, like death or rendering someone a quadriplegic or the like, it doesn’t make sense from a lawyer’s standpoint to file suit.  It’s like any business decision: Are you going to invest hundreds of thousands of dollars to realize a return on that investment of perhaps tens of thousands of dollars?
So the overriding concern from the lawyer’s standpoint in a case where airbags didn’t deploy is, what are the injuries?   If the injuries are truly horrendous, then maybe it makes sense.  But if the injuries are not unquestionably life changing, it would be hard to for a lawyer to justify taking such a case.
If you have been injured because of the negligence of others, call MacCloskey Kesler and Associates now for a free consultation at 815-965-2000.
 

The adverse insurance company will not pay your bills as you incur them

The adverse insurance company will not pay your bills as you incur them

When you are in a motor vehicle collision caused by someone else’s negligence, the insurance company for that other driver will routinely tell you that they will pay all of your medical bills, and to just have your doctors send them the bills.  But what they don’t tell you is that they won’t pay any bills until your case settles.
The truth is that they will only pay for the bills that are “reasonable in amount” for treatment “necessary” as a result of the injuries sustained.   There are many ways insurance companies can dispute what bills they may pay by arguing they are not “reasonable in amount” or for “necessary” treatment.
The more pressing issue is when those bills will be paid.   Adverse insurance companies do not have to pay any of your bills until the case settles.  That could mean your bills may not get paid for months or even years.  If you wait for the adverse insurance company to pay your bills, they may go to collection and some doctors may refuse to provide medical care to you because of the outstanding balances.
To guard against this, always submit any medical bills you incur for injuries sustained in a car crash first to your own car insurance, and if those limits get reached, then to your own health insurance.  This will ensure your bills get paid in a timely manner and you get the medical attention you deserve as you need that care.
At MacCloskeyKesler and Associates, we have handled thousands of car accident cases and know how to make sure your bills get paid and you get the medical treatment you need.   There are time limits for settling cases, however, and time limits within which bills need to be submitted to your insurance companies.  We also know how to pay your insurance companies back after your case settles.
But it is important to contact us as soon as you can after a collision.   The sooner we get involved, the sooner we can get your bills paid and keep bill collectors from ruining your credit.  So call us now for a free consultation at 815-965-2000.

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