If an airbag injury has set you back, we'll help you move forward
An airbag injury is a trauma caused by an airbag deployment in a vehicle accident, often needing emergency treatment or surgery for fractures or abrasions.
If your life, or the life of a loved one, has been affected by an airbag injury, we can help. If your injuries were caused by another driver, cyclist, pedestrian or any other road user, you may be entitled to claim compensation.
You can make a No Win, No Fee road injury compensation claim with the help and support of a personal injury solicitor.
You are not alone
The Royal Society for the Prevention of Accidents (rospa.com) recommend that airbags, when used with seatbelts, are an effective secondary measure to protect drivers and car passengers.
Although evidence suggests that airbags can significantly reduce the likelihood of serious injury, an airbag can still give rise to injury when it deploys. According to recent BMJ research, there are numerous reports of injuries directly attributable to airbag deployment (emj.bmj.com).
Even if the airbag has protected you from worse harm, you may still be able to claim compensation for airbag-related injuries
If you decide to make an airbag injury claim, your road accident solicitor will take you through every step of the claims process. Your solicitor will be with you until you win your claim and get the compensation you need to move forward.
What if the driver was uninsured or untraceable?
If the driver responsible for the injury is either uninsured or untraceable, a claim can be pursued through the Motor Insurers' Bureau (MIB).
The MIB is an independent that pays road accident compensation to the victims of uninsured or untraced (unidentified) drivers.
How much compensation can I claim for an airbag injury?
Your compensation for your airbag injury depends on:
- the severity of your injury,
- the ways in which your injury affects your daily activities and job,
- any financial losses or costs you have incurred due to your injury.
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General damages are awarded for pain, suffering and loss of amenity (PSLA). Awards for general damages are set by the Judicial College (judiciary.uk) and published in their guidelines for personal injury awards.
Special damages will be awarded for any lost earnings, loss of commission or bonuses, and loss of pension contributions. It may also be possible to claim for loss of future earnings, if the medical prognosis establishes that you won't be able to work for any period in the future.
These damages will also cover the cost of any medical procedures you might need to treat or recover from your airbag injury such as pain medication and physical therapy.
Read more:
A complete list of recoverable losses in a personal injury claim
How is compensation calculated if I have multiple injuries?
Average airbag injury general damages compensation table
The following airbag injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, 17th Edition by the Judicial College (oup.com).
These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
Please note: these average figures represent general damages only, and do not include any element of special damages (e.g. lost wages).
Chest injuries
| Severity | Example | Amount |
|---|---|---|
| Rib fracture or soft tissue injury | Serious pain and/or disability for several weeks | Up to £4,380 |
| Collapsed lung | Full uncomplicated recovery | £2,440 to £5,910 |
| Chest injury (no damage to lung) | A chest injury with no significant, permanent lung damage (e.g. a penetrating chest wound) | £13,970 to £19,930 |
| Damage to chest or lung | Some ongoing disability | £34,740 to £60,840 |
Neck injury
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Soft tissue injury | £2,720 to £8,750 |
| Moderate | Fracture or dislocation injuries, or worsening of existing conditions, including wrenching, disc lesions and cervical spondylosis | £27,730 to £42,700 |
| Serious | Severe fractures, dislocation, soft tissue damage, ruptured tendons, and/or chronic disability | £50,450 to £62,120 |
Non-facial body scars
| Severity | Example | Amount |
|---|---|---|
| Minor | Burns with scarring and ongoing pain | £2,630 to £8,690 |
| Moderate | Scarring such as an exploratory laparotomy scar | Around £9,590 |
| Serious | A noticeable laceration scar or single disfiguring scar | £8,690 to £25,220 |
Post-traumatic stress
| Severity | Example | Amount |
|---|---|---|
| Minor (relatively) | Full, or near full, recovery within 1 to 2 years | £4,380 to £9,070 |
| Moderate | Mostly complete recovery | £9,070 to £25,680 |
Tinnitus & Noise-Induced Hearing Loss
| Severity | Example | Amount |
|---|---|---|
| Slight tinnitus or slight NIHL | Up to £7,780 | |
| Slight or occasional tinnitus with slight NIHL | £8,080 to £13,970 |
Whiplash
| Severity | Example | Amount |
|---|---|---|
| Recovery in under 3 months | Up to £220 | |
| Recovery in 3 to 12 months | £220 to £1,200 | |
| Recovery in 1 to 2 years | £1,200 to £3,830 |
Psychological trauma following a road accident
Have you been mentally or emotionally affected by a road accident? You are not alone.
According to our 2024 Road Injury Claimant Survey, 32.47% of injured road users suffered a psychological injury, 78.53% of these alongside a physical injury.
Sudden airbag deployment can cause shock, amaxophobia (fear of driving or being a passenger), and PTSD.
Claiming general damages for mental and emotional distress can help provide access to mental health care and therapies, some of which might not be available through the NHS.
Our compensation calculator can estimate your compensation for psychological injuries. Or you can call us on 0800 376 1001 to speak to a specialist advisor.
Am I entitled to make an airbag injury claim?
You can make a claim for an airbag injury, if:
- you were made ill within the last 3 years, and;
- another party was at fault, and;
- that party had a legal duty to protect you.
Use our injury claim calculator to find out if you can claim. Or you can call 0800 376 1001 to speak to a specialist advisor. Find out in minutes if you have a claim.
What happens if I share some of the blame?
Figuring out who is legally at fault for an accident can sometimes be complex and nuanced.
According to our recent 2024 Road Injury Claimant Survey, 5.24% of injured road users thought that their actions could have contributed, either in part or wholly, to their injuries.
Claims are possible even when your actions partially caused the accident. In instances of 'contributory negligence', claims are usually settled with a split liability agreement.
Read more:
Can I claim if I feel I was partly responsible for my accident?
How long do I have to start an airbag injury claim?
An injury claim will usually need to be made within 3 years of the date or your accident or injury.
For injured children, a claim can be started by a parent or guardian at any time before they turn 18. Thereafter, the injured individual has until their 21st birthday to make a claim on their own.
Common airbag injuries
Because an airbag needs to inflate very quickly to protect passengers from impact, the process of deploying the bag is sudden and explosive. The force needed to deploy the airbag can cause injury.
Injury claims include:
- Respiratory and eye infections from the propellant used to inflate the airbag
- Burns from combustion of the airbag
- Facial bruising and abrasions from the force of airbag deployment
- Hearing loss as a result of noise from the explosive
- Broken bones from bracing against panel as airbag deploys
- Chest injuries from speed of deployment including rib and sternum fractures
- Rupture of aorta and other heart injuries
- Damaged cosmetic implants
See also:
Noise Induced Hearing Loss (NIHL) claims
Car accident compensation claims
Defective airbags
If you have been injured as a result of a defective airbag, including where the mechanism failed to properly deploy in an accident, you may be able to make a defective product compensation claim.
If the airbag is found to be defective in design or manufacture, the injured party does not need to prove negligence, as this would fall under strict liability law.
To claim compensation for a defective airbag, the injured party must supply evidence that proves the airbag contained an 'unreasonably dangerous' defect that resulted in harm. A defect might include:
- A flaw in design
- A mistake made during manufacturing
- A mistake made during assembly
- A mistake in assembly
- Failure by the manufacturer to provide necessary warning labels or directions in the vehicle user manual for safe and correct airbag use.
See also:
Defective product compensation claims
Claiming compensation for airbag injuries
In order to make a claim, another party must be legally responsible for the accident.
This party could be the person responsible for the car crash, the car manufacturer, or the manufacturer of the airbag if the equipment is found to be faulty.
Can I make a no win, no fee airbag injury claim?
Yes. With no win, no fee, you can claim airbag injury compensation without financial risk. If your claim isn't successful, you pay nothing. If you win, you only pay a pre-agreed percentage of your compensation.
Get expert advice now
Interested in talking to a road accident specialist about your claim?
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Injuries associated with airbag deployment | Emergency Medicine Journal (reviewed: 01/08/2024)
Author:
Chris Salmon, Director
About the author
Chris Salmon is a co-founder and Director of Quittance Injury Claims. Chris has played key roles in the shaping and scaling of a number of legal services brands and is a regular commentator in the legal press.