If a carpooler riding in my car gets hurt in an accident in a no fault state such as MIchigan, would the driver ever have to personally pay for medical expenses, or would only the insurance company have to pay. Sorry for the poorly worded sentence.

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If a carpooler riding in my car gets hurt in an accident in a no fault state such as MIchigan, would the driver ever have to personally pay for medical expenses, or would only the insurance company have to pay. Sorry for the poorly worded sentence.

I ride with a carpooler to work. The caution light for the airbag system is on, meaning they will not work in an accident. If we would get into an accident, would I ever have to pay anything out of pocket for her medical expenses, or would her insurance company have to pay for everything?

Asked on June 26, 2019 under Accident Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You are assuming that the driver's failure to (it seems) fix the airbag would be the cause of any injuries, but that is not at all necessarily the case: it could be a side impact collision, where the airbag is irrelevant; being rear ended, where yiu'd get whiplash regardless of the presence of an airbag; a collision not hard enough to trigger an airbag but which hurts you, or so hard that the airbag would not have made much difference; etc. Liability depends on fault and causation; only if the failure to address the airbag causes or materially contributes to your injuries might the driver or her insurer be implicated.


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