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kenitorico · Jul 23, 2008, 01:10 PM

My car was broadsided and was totaled about a month ago. My partner (and joint owner) was driving. The side airbag didn't deploy. Fortunately, my partner suffered only minor injuries (concussion and "traumatic cataract") - this could have been so much worse. Surgery is necessary to correct the cataract caused by the blunt force trauma. I contacted the auto maker, who has begun an investigation. They sent a letter to me requesting pics of the car, sales receipt of purchase, documentation of payments made to me from my insurance company, an itemized list of what I am seeking, etc (the list goes on and on). Attorneys don't want the case since there is no permanent injury. But my question is, what am I seeking.. . What is reasonable? Also, I witnessed the accident and saw the front airbags in the other car deploy and saw that ours did not. I'm sure you can imagine actually seeing something like that happening to a loved one.

Thank you in advance for your advice!

sideoutshu · Jul 23, 2008, 02:03 PM

Where are you located? If surgery is required due to the accident, I don't know why an attorney wouldn't want the case.

JudyKayTee · Jul 23, 2008, 04:35 PM

Originally Posted by kenitorico

My car was broadsided and was totaled about a month ago. My partner (and joint owner) was driving. The side airbag didn't deploy. Fortunately, my partner suffered only minor injuries (concussion and "traumatic cataract") - this could have been so much worse. Surgery is necessary to correct the cataract caused by the blunt force trauma. I contacted the auto maker, who has begun an investigation. They sent a letter to me requesting pics of the car, sales receipt of purchase, documentation of payments made to me from my insurance company, an itemized list of what I am seeking, etc (the list goes on and on). Attorneys don't want the case since there is no permanent injury. But my question is, what am I seeking . . . what is reasonable? Also, I witnessed the accident and saw the front airbags in the other car deploy and saw that ours did not. I'm sure you can imagine actually seeing something like that happening to a loved one.

Thank you in advance for your advice!

I don't know if this is similar to your accident but my husband was hit 3 years ago by a driver who completely missed a red traffic signal - hit right right at the hinge of the driver's door, spun the car around, he spun into a pole. Front air bag went off from the pole. Side airbag did not go off. It was in the Winter and the area was like a skating rink - the Police Officers car got struck by another car when he was investigating the accident. (The car was less than 6 months old, a large foreign made sedan.)

After engineers and mechanics and you name it looked at the car it was determined that the "hit" has to be within a certain striking area or the bags do not go off. I do accidents all the time when the front air bags do not go off because it's a hit to the front corner. Attorney advised me - despite my husband's injuries and lengthy period of disability - that it was not worth pursuing because we would be fighting the auto manufacturer. So we simply did the no fault thing, were grateful he was eventually OK and walked away from it.

Was I upset? You bet. Was my husband injured? You bet. The final estimate for the car when they stopped counting was $45,000. We got $10,000 less from the insurance company than we paid - something like 6 months earlier - because of depreciation.

So I don't know how this can happen - but it happened to me/us.

kenitorico · Jul 24, 2008, 04:59 AM

Originally Posted by sideoutshu

Where are you located? If surgery is required due to the accident, I don't know why an attorney wouldn't want the case.

We are in Pennsylvania. Attorneys are telling me that the cost to fight the automaker would be too costly, just not worth it for us, that we should handle it on our own. A couple said I could call with questions as the investigation/case progresses. But if the automaker doesn't make an offer, I don't know where to start.. . I suppose the total of the medical bills? P.S. I'm fairly certain the automaker will find that the airbag should have deployed. The driver door was totaled, pushed in at least 6-9 inches which forced the driver into the console and the console is bent into the passenger seat.

ScottGem · Jul 24, 2008, 07:05 AM

You should be going through YOUR insurance carriers. If they feel there is a case aganst the manufacturer, then they can pursue it for reimbursement of what they paid you.

JudyKayTee · Jul 24, 2008, 07:08 AM

Originally Posted by ScottGem

You should be going through YOUR insurance carriers. If they feel there is a case aganst the manufacturer, then they can pursue it for reimbursement of what they paid you.

Right, OP's insurance carrier should pay the claim for medical and damages to the auto. Anything over and above that would be a claim against the auto maker.

sideoutshu · Jul 24, 2008, 12:25 PM

Originally Posted by kenitorico

We are in Pennsylvania. Attorneys are telling me that the cost to fight the automaker would be too costly, just not worth it for us, that we should handle it on our own. A couple said I could call with questions as the investigation/case progresses. But if the automaker doesn't make an offer, I don't know where to start . . . I suppose the total of the medical bills?? P.S. I'm fairly certain the automaker will find that the airbag should have deployed. The driver door was totaled, pushed in at least 6-9 inches which forced the driver into the console and the console is bent into the passenger seat.

But what about the other car?

kenitorico · Jul 24, 2008, 12:48 PM

Originally Posted by JudyKayTee

Right, OP's insurance carrier should pay the claim for medical and damages to the auto. Anything over and above that would be a claim against the auto maker.

Yes, our auto insurance is covering the medical and auto (they have deemed the car to be totaled). Then they will subrogate with the other driver's insurance company. I think the fault will turn out to be a 50/50 split. Even though our insurance is covering our medical and car damages, shouldn't we be entitled to something from the auto maker? It's horrifying to think we are buying cars and the airbags may not work when they're needed.

Curlyben · Jul 24, 2008, 12:57 PM

I know that airbags fitted to Ford's vans are NOT guaranteed to deploy in the event of an accident. Side airbags are designed to deploy if impact occurs in particular vectors and speeds, outside of these parameters they normally fail. Hence the non-warranty of deployment.

Sounds harsh, but makes perfect sense if you stop to think about it, especially in the litigation crazy USA (sorry guys)

sideoutshu · Jul 24, 2008, 01:25 PM

Originally Posted by kenitorico

Yes, our auto insurance is covering the medical and auto (they have deemed the car to be totaled). Then they will subrogate with the other driver's insurance company. I think the fault will turn out to be a 50/50 split. Even though our insurance is covering our medical and car damages, shouldn't we be entitled to something from the auto maker? It's horrifying to think we are buying cars and the airbags may not work when they're needed.

What I meant was... why aren't you suing the driver of the vehcile that hit you?

kenitorico · Jul 24, 2008, 01:32 PM

Originally Posted by sideoutshu

What I meant was.....why aren't you suing the driver of the vehcile that hit you?

My partner was doing a u-turn. Obviously he is at least partially at fault. But according to witnesses - including myself - the other driver may not have been paying attention and speeding.

JudyKayTee · Jul 24, 2008, 02:01 PM

Originally Posted by kenitorico

My partner was doing a u-turn. Obviously he is at least partially at fault. But according to witnesses - including myself - the other driver may not have been paying attention and speeding.

I'm still surprised that the Attorney wasn't interested in going forward - the fact that your partner was making a u-turn doesn't give the other driver license to hit him.

But are we talking no-fault (medical bills) which is just paid by your company or pain and suffering?

I'm not sure what you are considering your cause(s) of action to be.