If you've been involved in a road accident that wasn't your fault and suffered airbag-related injuries, you could be entitled to make an airbag injury claim.
We are a trusted claims management company helping people make personal injury claims for over 15 years.
Airbag Injury Claims
An airbag is designed to help save your life during a collision, but its deployment can still cause severe injuries. If you were injured because of an accident that was not your fault or a defective airbag, you may be able to make an airbag injury claim.
Some of the injuries that airbags could cause include burns, concussions, facial injuries, respiratory infections and even aortic ruptures. No matter what type of harm you suffered, our team of solicitors would be happy to offer you a free consultation and assess your entitlement to compensation.
To start your claim or simply to receive some free legal advice and guidance, call 0800 470 0472 or use our online claim form to request a call back.
Table of Contents
Am I eligible to make an airbag injury compensation claim?
One of our legal advisers can let you know if you are eligible to claim following a free, no-obligation case assessment. Generally, you will be able to proceed with a claim if:
- Another party, such as a driver or airbag manufacturer, owed you a legal duty of care.
- They breached this duty and caused you to have an accident.
- You suffered airbag injuries as a result of that accident.
- You are within the legal time for making a claim (typically three years for most adult claimants).
Who could be liable for an airbag injury claim?
Liability for an airbag injury could fall on several parties, depending on the circumstances:
- A driver or another road user: If they acted negligently and breached the Road Traffic Act 1988, causing you to have an accident and suffer injuries because of the airbag.
- A vehicle manufacturer: If a defect in the design or production of the vehicle caused it to malfunction and cause injury.
- An airbag manufacturer: If a specific airbag component, such as the sensor or inflator, was faulty.
- A mechanic or auto repair shop: If the airbag was incorrectly installed or damaged during repair or servicing.
- The vehicle owner: If they failed to maintain their car and ensure that its airbags are correctly installed and functioning.
- An employer: If they failed to protect you as per the Health and Safety at Work Act 1974, and ensure you are reasonably safe from risks during your work tasks.
What are the most common injuries caused by deploying airbags?
While airbags are designed to keep you safe from trauma during road traffic accidents, their deployment can still cause significant injuries, including:
- Facial bruising, burns or lacerations.
- Broken nose or cheekbones.
- Eye injuries, infections and even temporary or permanent blindness.
- Chest, rib or sternum fractures.
- Injuries to internal organs such as the lungs or heart, including aortic rupture.
- Whiplash or neck strain.
- Hearing damage due to loud deployment noise.
- Chemical burns from airbag propellants.
- Damage to teeth, such as chipped, cracked or knocked out teeth.
- Psychological trauma following the incident.
The type and severity of your injuries will determine how much compensation you are entitled to receive if you make a successful claim for an airbag accident.
Can I claim compensation for injuries suffered because of a defective airbag that fails to deploy?
A faulty airbag that fails to deploy during a collision can lead to significantly worse injuries than those caused by airbag deployment, including:
- Skull fractures and traumatic brain injuries causing long-term disability.
- Significant facial lacerations, fractures and disfigurement from hitting the dashboard or car interior.
- Severe neck and spinal injuries leading to partial or complete paralysis and loss of function.
- Fatal injuries that could have been avoided if the airbag had deployed as expected.
If an airbag failed to deploy during a collision and you were injured as a result, you may be entitled to claim compensation. You may be able to make a claim if the failure was caused by negligence, such as:
- A manufacturing defect or design flaw in the airbag system.
- Faulty sensors or wiring that prevented activation.
- Poor installation or maintenance by a garage or technician.
- A known defect that the manufacturer failed to recall or warn about.
How do I start an airbag injury compensation claim?
Starting an airbag injury claim following an accident involves a few key steps that ensure your legal rights will be protected and your case will be adequately prepared:
- Seek medical attention immediately, even if your injuries seem minor at first. A medical record linking your injuries to the airbag incident will be essential evidence in your claim.
- Gather as much evidence as possible at the accident scene. This includes taking photos of the airbag, the damage to your vehicle and your own injuries.
- Ask for the names and contact details of any witnesses to the accident.
- Report the incident to the police and your insurer, preferably within 24 hours.
- Write details about how the accident occurred, the pain and suffering you endured, and the impact it had on your daily life.
- Keep all financial documents related to your losses and expenses, such as receipts and invoices.
- Contact a personal injury solicitor who specialises in road traffic accident claims. They will assess your case, determine who may be liable and guide you through all the steps of the claims process.
Once the solicitor takes on your case, they will help you gather all the supporting evidence you need. They will then send a letter of claim to the defendant, outlining your case and the compensation you seek and will engage in negotiations on your behalf.
Can I still claim compensation if I was partly at fault?
Yes, you may still be able to make your claim even if you were partially responsible for the accident or the extent of the injuries you suffered. For example, you could still make your claim if:
- You weren’t wearing your seatbelt when the airbag deployed incorrectly.
- You were driving slightly over the speed limit when the crash occurred, but another car crashed into you.
- You made a driving error, but the airbag failed to deploy and made your injuries worse.
In such cases, the compensation award could be reduced to reflect your level of fault, known as contributory negligence. For instance, if you are found 25% responsible for the accident and your claim is valued at £40,000, you would receive £30,000 in damages.
Can I claim compensation for psychological injuries alone?
It is possible to make a claim for psychological injuries even if you didn’t suffer significant physical harm. Airbag deployment can be traumatic and have a lasting impact, affecting your ability to work, drive or enjoy daily activities. You could suffer:
- Post-Traumatic Stress Disorder (PTSD).
- Anxiety or panic attacks.
- Depression.
- Sleep problems or flashbacks.
- Driving phobias.
To support a claim for psychological injuries, you will need medical evidence from a psychologist or psychiatrist confirming your diagnosis and its connection to the airbag incident.
Your solicitor can arrange an independent psychological assessment to ensure your suffering is fully documented and help value your claim accurately.
What evidence do I need to support an airbag injury claim?
To have a valid airbag injury compensation claim, you will need strong evidence to prove how your injuries occurred and how someone else was at fault. You must also be able to show their severity and impact on your life.
The evidence you could use to support your claim includes:
- Hospital records and doctors’ notes explaining the type and severity of your injuries, the treatments received and your prognosis.
- An independent medical assessment to confirm how the airbag contributed to your injuries and any long-term effects that you will face.
- Police reports detailing what happened and the condition of the airbag following the accident.
- Expert reports revealing whether the airbag was defective or improperly fitted.
- Photos or videos of the damaged airbag, the vehicle interior and your visible injuries.
- Statements from other passengers or witnesses who can help establish how the accident occurred and confirm how you were injured.
- Your testimony about what happened and how you were affected.
- Proof of financial losses, such as lost income from time off work, travel costs to medical appointments and the cost of vehicle repairs.
Can I make a claim on behalf of a loved one?
Yes. If a loved one suffered an airbag injury because of someone else’s negligence, you could claim compensation on their behalf. To represent them, you must first apply to the court to be appointed as their litigation friend. This process is used when the claimant is:
- A child under the age of 18.
- An adult who lacks the mental capacity to handle their own case.
You can read more about how you can represent your loved one and what your duties would be here: What is a litigation friend?
What is the time limit to start a claim for airbag injuries?
The general time limit for personal injury claims is three years under the Limitation Act 1980. However, there are a few exceptions:
- With child injury claims, the three years do not start to run until the child’s 18th birthday.
- If the injured party is mentally incapacitated, the limitation date is put on hold, and a litigation friend could represent them at any time.
Other exceptions may apply to your case, which you can read more about here: How long do I have to start a compensation claim?
How much compensation could I receive?
The amount of compensation for airbag injuries you may be able to claim will be based on two types of related damages:
- General damages are awarded for the subjective impact of the injury, including pain, suffering and loss of amenity.
- Special damages are awarded for related financial losses and expenses, such as medical costs, lost wages and travel expenses.
Our personal injury compensation calculator can provide an estimate of your airbag compensation prospects within minutes, just by answering a few simple questions.
Will I need to go to court to settle an airbag injury claim?
No. In most cases, claims for personal injury are settled through negotiations between the two parties. This is advantageous to both of them, as it is less stressful, less time-consuming, and less expensive. Your claim could only go to court if:
- The other party denies liability.
- There is disagreement over the compensation amount.
- You want to secure interim payments for ongoing needs.
Even if your case proceeds to court, your solicitor will handle the entire process and will ensure you are fully prepared if you need to testify.
Can I claim using a No Win No Fee solicitor?
If you are eligible to make an airbag accident claim, the solicitors we partner with will offer you a 100% no win no fee agreement. This means that you don’t have to pay them anything upfront and, if your case fails, there is no financial risk to you.
Your solicitor is only entitled to a success fee if they win your case. This fee will be deducted from your compensation award and is capped by law at 25% of certain parts of it.
If you believe you are entitled to compensation for your airbag injuries, call 0800 470 0472 today or request a call back. You will receive a free consultation with a specialist solicitor who will guide you through all the steps of the claims process.
