Does Insurance Cover an Airbag Malfunction?

If you have experienced an airbag malfunction, you could be facing significant out-of-pocket costs. Not only do you need to get your car repaired, but if you were injured by the airbag malfunction—which is common—you could be facing medical bills and other costs as well. Keep reading to find out what you need to know about insurance coverage for airbag malfunctions from an experienced defective airbag lawyer.

Auto Insurance Typically Covers Airbag Malfunctions

For most drivers, you can expect auto insurance to cover your costs (or at least some of your costs) due to an airbag malfunction—as long as you have the right type of coverage available. Generally speaking, the options are:

  • Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay) – PIP and MedPay provide coverage for medical bills resulting from an auto accident regardless of why you were injured (PIP also covers lost wages). However, PIP and MedPay usually have low policy limits; and, as a result, they usually will not cover the full costs of injuries from defective airbags.
  • Collision Coverage or Comprehensive Coverage – Collision coverage and comprehensive coverage pay for vehicle repairs in certain circumstances. If you need to get your car fixed and your airbag replaced after an airbag malfunction, you may be able to rely on the collision coverage or comprehensive coverage portion of your auto insurance policy.
  • Bodily Injury Liability (BIL) Coverage – BIL insurance covers victims’ losses when the insured driver causes an accident. In some states, when a driver is partially at fault for a victim’s injury, this makes the driver (and the driver’s insurance company) fully liable for all of the victim’s losses. This is true even if another factor (i.e., an airbag malfunction) played a role in the accident.
  • Uninsured/Underinsured Motorist (UIM) Coverage – UIM insurance comes into play when you are injured by a driver who either (i) lacks insurance coverage, (ii) doesn’t have enough insurance coverage, or (iii) flees the scene of the accident. If you would have otherwise been entitled to full coverage under the driver’s BIL policy, then filing a UIM claim may be an option.

However, insurance companies know that tens of millions of vehicles in the U.S. have been recalled due to the risk of airbag malfunctions over the past decade, and because of this, they may attempt to deny coverage in some cases. Depending on the circumstances involved (including the state in which you live), these attempts may or may not be justified.

With this in mind, if you are thinking about filing an insurance claim after an accident in which your airbags deployed, it will be important to have a clear understanding of your legal rights. This means that you should consult with an experienced airbag defect lawyer who can help make sure you file the right claim (or claims) and seek the full compensation you deserve.

Filing an Auto Insurance Claim May Not Be Your Only Option

Regardless of whether you have access to auto insurance coverage, filing an auto insurance claim may not be your only option. Your vehicle’s manufacturer could also be liable.

Unfortunately, airbag malfunctions are far more common than they should be. As we mentioned above, tens of millions of vehicles sold in the U.S. have been subject to recalls over the past decade due to defects. These defects can cause various malfunctions, including:

  • The airbag fails to deploy in the event of a collision
  • The airbag deploys too late
  • The airbag only partially inflates
  • The airbag explodes instead of deploying properly

All of these airbag malfunctions have the potential to cause serious injuries. Regardless of who caused your accident, if you suffered injuries caused by a defective airbag, your vehicle’s manufacturer may be liable for your injury-related losses.

Since auto insurance often does not cover the full cost of accident victims’ injuries (either because policy limits are too low or because victims’ policies only cover certain types of losses), filing a claim outside of auto insurance can be critical in many cases. If you have a claim against your vehicle’s manufacturer for injuries caused by an airbag malfunction, an airbag defect lawyer can help you seek full compensation for your:

  • Medical bills and other out-of-pocket costs
  • Loss of earnings and benefits
  • Pain, suffering and emotional trauma
  • Loss of consortium, companionship, and enjoyment of life

Your airbag defect lawyer can also assist with seeking to have your vehicle repaired (or replaced), and can deal with the auto insurance companies on your behalf as warranted.

Protecting Your Legal Rights After an Airbag Malfunction

With all of this in mind, if you are dealing with injuries caused by an airbag malfunction (or that you think may be the result of an airbag malfunction), there are some important steps you should try to take to protect your legal rights. First and foremost, you should seek treatment for your injuries. When you see a doctor, be sure to tell your doctor that you believe your injuries may have been caused by a defective airbag.

Second, if possible, you should document the damage to both the interior and exterior of your vehicle. If your vehicle has not already been repaired, you should ask the repair shop to wait until your lawyer can fully document the damage.

Third, you should schedule a free consultation with a defective airbag lawyer right away. Cases involving airbag malfunctions are complicated, so it will be important to have an experienced lawyer on your side. Once you hire a lawyer to represent you, your lawyer will be able to document the damage to your vehicle, determine the cause of your injuries, calculate your losses, and file any and all claims that are necessary to seek the full compensation you deserve.

Request a Free Consultation with a Defective Airbag Lawyer Today

Do you need to know more about seeking financial compensation for losses caused by an airbag malfunction? If so, we invite you to get in touch. To request a free consultation with an experienced defective airbag lawyer, call 866-247-2247 or inquire online today.