How Do You File a Claim for Airbag Injuries After an Accident?

If you suffered airbag injuries in an accident, you may have an ARC or Takata airbag lawsuit. The National Highway Traffic Safety Administration (NHTSA) has raised concerns with both companies’ airbags, and while ARC has resisted calls for a recall, Takata has recalled tens of millions of airbags nationwide.

5 Key Steps to File an ARC or Takata Airbag Lawsuit

Here are five key steps to take if you think you may have an ARC or Takata airbag lawsuit:

Step #1: Get the Medical Treatment You Need

While it might seem strange to talk about prioritizing your medical care in an article about protecting your legal rights, these go hand-in-hand. Your medical records will play a central role in your airbag injury claim. You need your medical records to reflect both the timing and cause of your injuries, and this makes it critical to seek medical attention as soon after your accident as possible.

Step #2: Gather as Much Evidence as Possible

You should also try to gather as much evidence as possible. Along with keeping copies of your medical records, you should also keep any other documents you receive that are related to your accident. You should try to track down your vehicle title or lease agreement (which will confirm your vehicle’s year, make and model); and, if you have photos or videos from the accident scene on your phone, you should be sure to keep these to share with your lawyer.

Step #3: Find Out if Your Vehicle is Subject to an Airbag Recall

Another step you will want to take is to find out if your vehicle is subject to an airbag recall. As noted above, the issue with Takata’s defective airbag inflators led to tens of millions of airbag recalls nationwide. You can conduct a search using your license plate number, vehicle identification number (VIN), or vehicle make and model on the NHTSA’s recall website.

Since ARC has not yet complied with the NHTSA’s request for a nationwide recall, even if you suffered an airbag-related injury, you may not find your vehicle on the NHTSA’s recall list. This is fine, and it will not impact on your legal rights. You can file an ARC or Takata airbag lawsuit regardless—it will just be helpful to know whether the airbag that injured you was recalled.

Step #4: Learn About Your Legal Rights

Now is also a good time to start learning about your legal rights. Our Airbag Injury FAQs are a good place to start. While you don’t need to know everything about filing an airbag lawsuit, familiarizing yourself with the basics will help you make informed decisions about your next steps.

Step #5: Speak with an Experienced Lawyer to Learn More  

If you have an ARC or Takata airbag lawsuit, you will need an experienced lawyer on your side. From proving that your airbag was defective to seeking to recover full compensation for your financial and non-financial losses, there are many ways an experienced lawyer will be able to help you. Hiring a lawyer to handle your airbag injury claim costs nothing out-of-pocket, so you have no reason not to seek experienced legal representation.

While these are all important steps to take if you think you may have an ARC or Takata airbag lawsuit, these are far from the only steps involved in protecting your legal rights. To make sure you preserve your ability to recover just compensation, it is critical that you speak with an experienced lawyer as soon as possible.

What Not to Do if You Have an ARC or Takata Airbag Lawsuit

If you have an airbag injury claim, knowing that to do and knowing what not to do are equally important. Even simple mistakes can jeopardize your ability to recover your injury-related losses. With this in mind, here are five costly mistakes you should be careful to avoid:

• Do Not Get Your Vehicle Repaired Too Soon – Filing a successful claim will require proof that your airbag was defective. With this in mind, it is important that you do not get your vehicle repaired too soon. While you may want to get your vehicle back on the road as quickly as possible, you need to make sure your lawyer has the evidence he or she needs to seek the compensation you deserve.
• Do Not Settle Your Claim with the Auto Insurance Companies – Settling your claim with the auto insurance companies could prevent you from seeking additional damages in court. Before you accept any payment from the insurance companies, you should consult with a lawyer to make sure you are not waiving your legal rights.
• Do Not Overlook Any Financial or Non-Financial Costs of Your Injuries – Airbag injuries can lead to many types of financial and non-financial costs. If you have an ARC or Takata airbag lawsuit, you are entitled to recover all of these costs, and you do not want to settle for less than you deserve.
• Do Not Wait to Take Legal Action – The sooner you take legal action, the better. Unnecessary delays can prove costly, and there are many important reasons why you should take legal action as soon as possible.
• Do Not Try to Handle Your Situation Alone – While it is important that you act promptly, it is also important that you do not try to handle your situation on your own. To recover the financial compensation you deserve, you will need an experienced lawyer on your side.

Here too, these are just examples. Protecting your legal rights after suffering airbag injuries in an accident is not easy, but an experienced lawyer can help. Contact us to get started with a free consultation today.

Do You Have an ARC or Takata Airbag Lawsuit? Get a Free Consultation 24/7

Do you have an ARC or Tataka airbag lawsuit? If you think you may be entitled to financial compensation, we encourage you to contact us for a free, no-obligation consultation 24/7. Call 866-247-2247 or contact us online to speak with an experienced lawyer in confidence as soon as possible.