Airbag injury compensation claims
By Gaynor Haliday, Updated: Jun 20, 2019
The following guide sets out everything you should know about making a successful airbag accident compensation claim.
Quick answers
The Royal Society for the Prevention of Accidents (ROSPA) 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. Even if the airbag has protected you from worse harm, you may still be able to claim compensation for airbag-related injuries.
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
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.
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.
Do I have a airbag injury claim?
If you were injured in an airbag injury in the last three years (longer if children were involved) and someone else was to blame, then we can probably help you make a compensation claim.
See our Online Claim Eligibility Calculator for a better idea of where you stand.
Calculate my an airbag injury compensation
The amount of compensation you will receive depends on a number of factors. Our road accident compensation calculator provides an accurate estimate of your likely compensation.
Meet our team
The national network of QLS solicitors handle all types of road accident claims, from relatively minor claims to life-changing injuries. Selected for their winning track record, QLS's solicitors have years of experience handling injury claims.
Click here to see more of the Quittance team.
No win, no fee airbag injury claims - the facts
Legal Aid is no longer available for injury claims.
Personal injury solicitors now work on a No Win, No Fee basis.
No Win, No Fee means that if your claim is not successful, you will not need to pay any legal fees.
If you do win your case, a success fee will be deducted from the compensation award and paid to your solicitor.
Read more about how a No Win, No Fee agreement works
About the author
Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.
Read more about this Quittance Legal Expert
