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QUESTION: i was driving my car when i got rear_ended by another one coming at 100 mph, after that my car went to the side of the highway and crashed againts the wall and the airbags didnt deploy, i suffered from broken nose and oter bones in my face, do i have right to sue the car maker for the undeployed airbags? thank u
ANSWER: Hi Joe,
From what you described, it sounds like you probably have a strong case against both the car maker and the person who rear-ended you. It will depend on precisely what part of the car hit the wall and whether your injuries were partly caused by the 2nd impact.
Product liability cases can be very confusing and you will probably need an expert to investigate the crash. I would strongly suggest retaining a good personal injury attorney as this is pretty complicated and not something for a do-it-yourselfer. Almost all personal injury attorneys will represent you for free and only will be paid if they win your case, by taking a percentage of the settlement or verdict. A typical fee is 25-40%, with 40% only being charged if the case goes to trial.
Keep in mind that when choosing an attorney, TV ads are NOT a good way to choose. Those attorneys deal in volume and not quality. Referrals are the best. And you could try the local bar association for referrals.
---------- FOLLOW-UP ----------
QUESTION: thank u for your answer, ide like to know 2 things:
-its good to have a lawyer where i live , or in the state where the accident happened ?
- we did something maybe stupid we gave the car to the junkyard cuz it was completly totaled, but we have pictures of the car, police report that show the airbags didnt deploy, will that be enough to sure the car maker?
thank u again.
(1) I would choose a lawyer near the accident scene, as those laws will apply.
(2) This is a problem. Call the junkyard immediately and see if you can get the car back. Also hire the attorney ASAP to handle this part for you. I'm not saying there is no case against the car maker, but it would be MUCH stronger if an expert inspects the car.
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Answers by Expert:
Claims Guy
Expertise
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer......I can answer questions related to any aspect of Automobile insurance claims and coverages. I can provide an inside look at how insurers operate. I always treat my customers fairly and want to help make sure you are treated fairly. However, please keep in mind that being treated fairly according to the law does not guarantee that you will get what you want. I can also answer some questions regarding Homeowner's and other types of insurance claims. I have handled all types of auto insurance claims and coverages. I am NOT an automotive repair expert but can give advice re how insurers handle complex repair issues. Please keep in mind that every state has its own set of laws pertaining to rules of the road, liability, and insurance. No one is an expert on every state. I am most familiar with laws in Maryland, DC, West Virginia, and Virginia, but will attempt to answer questions for other states. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Experience
I am currently an Auto Claims Manager for a large insurance company. I have 18 years experience in the industry, having worked as a Claims Adjuster, Injury Settlement Negotiator, Claims Manager, SIU/Fraud Investigator, and Compliance Officer. I am not an attorney an cannot provide legal advice. My advice will be my opinion based on my experience.
Organizations
CPCU Society. Adjusters license in multiple states. International Association of Specal Investigators
Education/Credentials
I have a B.S. in Finance and have completed the AIC and CPCU designations.
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