Ways an airbag claim arises
Some claims involve an airbag that stayed closed in a collision where it should have opened. Others involve one that deployed when it should not have, such as in a minor bump, or with more force than the situation called for. Another group involves inflators that ruptured and sent metal fragments into the cabin, a problem behind several large recalls. Ordinary deployment can cause abrasions, burns, and hearing injuries even when the system worked properly, so an injury alone does not establish a defect. The question in an airbag injury claim is usually whether the design, the manufacturing, or the warnings fell short, and that often calls for engineering analysis rather than a look at the injury.
The vehicle is the evidence
The most important early step is keeping the vehicle from being repaired, salvaged, or crushed. Insurers often take possession of totaled cars quickly and sell them at auction, so tell your insurer in writing that the vehicle must be preserved, and let your lawyer follow up if it has already been moved. The airbag module and the car's event data recorder may store information about the crash and the deployment, and downloading that data calls for proper procedure. Photograph the interior, the deployed bags, and any fragments, and keep the clothing you were wearing. Check the vehicle identification number for open recalls on the NHTSA website, and keep any recall notices you received.
How these claims are approached
A claim against a manufacturer or parts supplier usually runs alongside the ordinary insurance claims from the crash itself, and in New York, injury claims from a car accident also pass through the no-fault system. We look at whether the facts point to a defect worth investigating, which companies made the vehicle and its components, and whether a recall or earlier litigation is relevant. Product claims usually need technical review by a retained engineer, so we discuss the cost and timing of that step early. We also check deadlines, which can differ by claim type and by state.
