Your airbags should deploy when you are involved in a serious car accident or any type of motor vehicle crash. Airbags are designed to help cushion the blow and are capable of preventing catastrophic injuries. When you experience the sudden impact of a car accident, the deployment of airbags can be a jarring and frightening event. Many wonder if this signifies the end of their vehicle’s roadworthiness.
Understanding if a car is totaled after an airbag deployment involves more than just the visual damage. Insurance companies use specific criteria to determine the total loss of a vehicle, and these criteria can vary. Friedman & Simon, LLP is here to advocate for your best interests, making sure you are not left in the dark or unfairly compensated. Let us handle the legal intricacies so you can focus on your recovery and get back on the road with peace of mind.
However, when an airbag deploys, that does not necessarily mean that the car will be totaled. Your vehicle status could have a significant impact on the outcome of your insurance and civil claims. At Friedman & Simon, LLP, we understand the confusion and stress that follows such incidents. We are dedicated to helping you navigate the complexities of auto insurance claims and ensuring you get the compensation you deserve. Our team of experienced personal injury lawyers is here to provide clarity and support during this challenging time. Find out what’s next for your case and how your airbags could influence your settlement when you contact your Long Island Car Accident Lawyer to discuss the specific details of your case.
- When Should Airbags Deploy?
- Is a Car Totaled If Airbags Deploy?
- The Cost of Airbag Replacement: What You Need to Know
- How Will the Airbags Impact My Right to Compensation?
- Navigating Insurance Claims After Airbag Deployment
- Legal Options When Insurance Falls Short
- What If the Airbags Didn’t Deploy?
- The Importance of Experienced Legal Representation
- Meet with a Car Accident Lawyer for Help Today
When Should Airbags Deploy?
The Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) requires vehicle makers to provide both driver and front passenger airbags in all vehicles. In fact, many automakers these days will also include rear passenger airbags, side airbags, and other airbag systems to provide motorists and their passengers with additional protection.
Airbags are designed to deploy when their sensors detect impact rates at a minimum of 8 mph or higher depending on the type of airbag system in place. For example, front airbags will deploy at an obstacle of up to 16 mph, while side airbags could deploy at obstacles as high as 18 mph.
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Is a Car Totaled If Airbags Deploy?
Airbags deploying alone will not necessarily render a car totaled. Generally, a vehicle could only be considered totaled if the cost of repairing the vehicle will exceed the value of the vehicle. However, legally, a vehicle will be considered totaled when the cost of the vehicle repairs is greater than 70% of the vehicle’s value.
Understanding Car Total Loss Criteria
Insurance Company Assessment
Insurance companies assess the total loss of a vehicle based on the cost of repairs versus the car’s actual cash value (ACV). If the repair costs exceed a certain percentage of the ACV, the car is deemed a total loss. This percentage varies by state and insurer, typically ranging from 50% to 75%. Our attorneys at Friedman & Simon, LLP will help you understand your policy’s specifics and negotiate with insurers to ensure a fair evaluation.
Impact of Airbag Deployment
The deployment of airbags alone does not necessarily mean your car is totaled. However, it often indicates significant impact and potential structural damage, which can be costly to repair. Our team will assess the extent of the damage and gather evidence to support your claim, ensuring all factors are considered in the valuation of your vehicle. We aim to maximize your compensation by meticulously analyzing repair estimates and advocating for your rights.
This increases the chance of being awarded the compensation you will need if your vehicle is considered totaled. These repair costs should include not only the vehicle parts themselves but the labor needed to restore the car to its previous condition.
The Cost of Airbag Replacement: What You Need to Know
Replacing deployed airbags is a significant expense, which can impact whether your car is considered totaled. Airbag systems are designed for one-time use, meaning each deployed airbag must be replaced with new parts. The cost of a single airbag can range from $1,000 to $1,500, including parts and labor. If multiple airbags deploy, these costs multiply, potentially pushing repair expenses close to or beyond your vehicle’s actual cash value. Understanding these costs helps in navigating insurance claims and repair decisions post-accident.
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How Will the Airbags Impact My Right to Compensation?
Unfortunately, after airbags have been deployed, the entire airbag system will need to be replaced. In fact, it is against the law in most instances to refurbish or reuse previously deployed airbags. The cost of replacing your airbags will be factored into the total cost of your vehicle repairs when you get an estimate from your local auto body repair shop.
Airbag replacement costs will vary widely depending on where you go and the damage to your vehicle. Generally, one airbag system could cost approximately $750. The more airbags that have deployed, the greater the cost.
Even if all of the airbags in your vehicle go off, that could not be enough damage to total your car. If you are unsure whether your car will be totaled, be sure to discuss the vehicle damages with your attorney and auto repair shop to make the best decision in your case.
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Navigating Insurance Claims After Airbag Deployment
Filing Your Claim
Filing an insurance claim after an airbag deployment involves several steps, starting with reporting the accident to your insurer. Documenting the incident thoroughly with photos and obtaining a police report is crucial. At Friedman & Simon, LLP, we assist you in compiling all necessary documentation, ensuring your claim is comprehensive and accurate. Our goal is to streamline the process and reduce the stress associated with dealing with insurance companies.
Dealing with Insurance Adjusters
Insurance adjusters play a significant role in determining the outcome of your claim. Their primary objective is to minimize the payout, which can often lead to undervalued settlements. Our experienced attorneys will handle all communications with adjusters, providing clear and compelling evidence of the extent of your vehicle’s damage. We fight for a fair settlement that covers all your losses, including repairs, replacement costs, and any associated expenses.
Legal Options When Insurance Falls Short
Challenging Lowball Offers
If your insurance company offers a settlement that does not reflect the true value of your vehicle’s damage, you have the right to challenge it. Friedman & Simon, LLP will analyze the offer, compare it with independent repair estimates, and negotiate on your behalf. Our goal is to ensure that you receive a settlement that accurately reflects the cost of returning your vehicle to its pre-accident condition.
Pursuing Legal Action
In cases where negotiations do not yield a fair settlement, pursuing legal action may be necessary. Our attorneys are prepared to take your case to court if required. We will gather all pertinent evidence, consult with experts, and build a strong case to present before a judge. Our commitment is to fight for your rights and secure the compensation you deserve.
What If the Airbags Didn’t Deploy?
If your airbags didn’t deploy, that does not mean you do not have grounds for a case. If the airbags did not go off due to an airbag defect, you could have further grounds for a lawsuit. If the airbags had deployed as intended, you might not have suffered injuries or subsequent damages.
It is important to note that if you have reason to believe your vehicle airbags were defective and you have suffered serious or catastrophic injuries, you should get an attorney on your side as soon as possible. We need to intervene before the insurance company declares the vehicle totaled. If they take possession of the vehicle, as many insurers do when they total a vehicle, that evidence could be lost.
Find out what your next steps should be when you reach out to your car accident lawyer for help.
The Importance of Experienced Legal Representation
Expertise in Personal Injury Law
Navigating the aftermath of a car accident can be overwhelming, especially when dealing with injuries and property damage. Having an experienced personal injury lawyer on your side can make a significant difference. Friedman & Simon, LLP specializes in personal injury law, offering expert guidance and representation. Our deep understanding of the legal landscape ensures that your case is handled with the utmost care and professionalism.
Comprehensive Legal Support
Our firm provides comprehensive legal support, from the initial consultation to the resolution of your case. We handle all aspects of your claim, including communication with insurance companies, gathering evidence, and representing you in court if necessary. Our objective is to relieve you of the legal burden, allowing you to focus on your recovery and well-being. With Friedman & Simon, LLP, you have a dedicated team committed to achieving the best possible outcome for your case.
Meet with a Car Accident Lawyer for Help Today
If you were involved in a motor vehicle accident that led to life-altering injury and your airbags failed to deploy, you could have the right to financial compensation. Whether your vehicle is considered totaled or you just need extensive repairs, you have the right to maximum restitution for your damages.
Start working on your car accident insurance and civil claims when you contact a car accident lawyer at Friedman & Simon, L.L.P. for help. Our firm proudly offers no-cost, risk-free consultations to injury victims across New York. Claim yours by calling our office or completing our quick contact form.
Call or text (516) 932-0400 or complete a Free Case Evaluation form