What are my rights if I totaled my car but none of the airbags deployed and I was injured as a result?

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What are my rights if I totaled my car but none of the airbags deployed and I was injured as a result?

I suffered severe head and face trauma. I was wondering if I can sue the car company for faulty airbags, pain and suffering, and the scars on my face?

Asked on April 27, 2012 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If--

1) the airbags *should* have deployed in a collision of this type and magnitude (that is, the collision was within the specifications of an impact that should have caused deployment), so that the failure to deploy was most likely due to some manfacturing defect, installation error, or the like; and

2) your injuries were caused, or at least significant exacerbated, by the failure to deploy, then

--you may well have a viable lawsuit against the manufacturer and/or anyone who has serviced the car (perhaps they de-activated the airbags) and/or against the parts supplier (the company making the airbags). You could potentially recover lost wages; unreimbursed or out-of-pocket medical costs; and pain and suffering for disfigurement (the scars) or other disability or injury. From what you write, it would be well worth it for you to speak with a products liability or personal injury attorney.


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