Is Your Car Totaled if the Airbags Come Out?
Having your airbags come out during an accident can be a jarring experience—to say the least. When you see your car with its airbags deployed after an accident, it can look as though your car has been totaled. But, has it? The answer to this question varies from case to case, which is one reason why it is important to have an experienced defective airbag lawyer on your side.
Understanding What it Means When Your Airbags Come Out During an Accident
If your airbags come out during an accident, this doesn’t necessarily mean that your vehicle will be considered “totaled.” Airbags can be replaced, so if damage to the rest of your vehicle is relatively minor, it may be possible to get your car repaired and back on the road.
In other words, airbag deployment is just one factor that comes into play when deciding whether a car should be declared a complete loss. As discussed below, whether a vehicle will be considered “totaled” ultimately comes down to the total cost of repairs. Replacing airbags is relatively inexpensive compared to repairing other types of accident damage, and if your airbags were subject to a recall, the cost of replacing your vehicle may be covered by the dealership or your vehicle’s manufacturer.
To be clear, if you are getting your car repaired after an accident in which your airbags deployed, you must have your airbags replaced with new units. Airbags cannot be repackaged and reused. As stated by the National Highway Traffic Safety Administration (NHTSA), “[a]ir bags can only deploy once, so make sure you replace used air bags right away after a crash, only at an authorized repair center, and before you drive the vehicle again.”
How the Insurance Companies Decide if a Vehicle Should Be “Totaled”
While many people assume that the severity of crash damage determines whether a vehicle is totaled, this isn’t technically the case. Instead, whether a vehicle will be declared “totaled” is up to the insurance companies.
As Kelly Blue Book explains, “[i]nsurance companies ‘total’ a car when the cost to repair the damage exceeds the vehicle’s book value at the time of the incident.” As the publication goes on to explain:
“Each state sets its threshold for declaring vehicles a total loss, but carriers may choose to use a lower threshold. The insurance company will often total a car even if the repair costs are less than the vehicle’s actual cash value — sometimes a lot less. That’s because it can be difficult to determine the full extent of the damage before repairs begin.”
Basically, if the cheapest option is to repair your vehicle, that is the option the insurance companies will choose. If repairing your vehicle is not the cheapest option, then the insurance companies will declare your car a “total loss” and provide replacement coverage under the terms of the relevant policy.
Seeking Compensation for the Costs of Airbag-Related Injuries
So far we’ve been discussing the costs of repairing or replacing your vehicle after a car accident involving airbag deployment. But, what if you also need coverage for the costs of injuries you suffered in the crash?
Airbag-related injuries are common. While airbags are supposed to help prevent injuries, they do not always serve their intended purpose. In many cases, this is due to an airbag defect.
Defective airbags can cause injuries in two ways. First, they can fail to prevent injuries that airbags are specifically designed to protect against. For example, if a defective airbag fails to deploy or only partially inflates, this can lead to concussions, chest injuries, and other injuries that could—and should—have been avoided.
In some cases, defective airbags can also cause injuries that would not have happened otherwise. This is most often the case when an airbag explodes instead of deploying properly. If a defective airbag explodes (which has been known to happen), it can send dangerous chemicals and debris flying throughout the car, and this can lead to cuts, burns, and other serious injuries.
When defective airbags cause injuries, the manufacturer can—and should—be held accountable. As a result, regardless of whether you have an auto insurance claim, and regardless of whether your vehicle is deemed a total loss, you will want to speak with an experienced defective airbag lawyer about your legal rights. In cases involving airbag-related injuries, manufacturers can be held fully liable for victims’ injury-related losses. This includes:
- Financial Losses from Defective Airbag Injuries – Financial losses include medical bills, the cost of purchasing medications and medical supplies, transportation costs, and loss of income and benefits. Depending on your individual circumstances, you may be entitled to recover additional financial losses as well. In airbag defect cases, both present and future financial losses are covered.
- Non–Financial Losses from Defective Airbag Injuries – Victims of airbag defects are entitled to just compensation for their present and future non-financial losses as well. These include loss of companionship and consortium, loss of services and support, loss of society, and loss of enjoyment of life. These losses do not have a specific dollar value, so you will need to work with your lawyer to determine what constitutes “just” compensation in your case.
From helping you deal with the insurance companies to suing your vehicle’s manufacturer (if warranted), there are many ways an experienced defective airbag lawyer can help you after a serious accident. Hiring a lawyer to assist you in this situation costs nothing out-of-pocket, so you have no reason not to put an experienced lawyer on your side.
Schedule a Free Call with an Experienced Defective Airbag Lawyer Today
If you need to know more about protecting your legal rights and seeking the full coverage you deserve for a car accident involving airbag deployment, we strongly encourage you to get in touch. To speak with an experienced defective airbag lawyer in confidence as soon as possible, call us at 866-247-2247 or tell us how we can reach you online today.