When we get into a car, we expect the inbuilt safety features, such as airbags, seatbelts and side-impact bars, to protect us in the event of a collision. However, even with with these measures in place injuries can still occur. That’s why we have made this guide to making an airbag injury compensation claim.
We’ll cover both defective product and road traffic accident claims, where an airbag contributed to your injuries. Other important topics, such as gathering evidence, how compensation is calculated, and example scenarios, are also included.
In our final section, you’ll see information on the No Win No Fee contract our specialist road traffic accident solicitors can offer their services under if you have a valid claim.
To get further guidance or for a free assessment of your eligibility to claim, get in touch with our friendly advisors today using the contact details provided here:
- Call us on 0800 073 8801
- Begin your claim online by completing our callback form.
- Open the live chat window on your screen now.
Browse This Guide
- How Do Airbags Work?
- Can I Make An Airbag Injury Compensation Claim?
- Can I Claim For Injuries Caused By A Defective Airbag?
- How Do I Claim For Airbag Injuries To My Child?
- What Evidence Could Help Me In An Airbag Injury Claim?
- How Much Airbag Injury Compensation Could I Receive?
- Make An Airbag Injury Compensation Claim Using A No Win No Fee Solicitor
- Learn More About How To Claim For A Car Accident
How Do Airbags Work?
Airbags are crucial vehicle safety devices designed to rapidly inflate during a collision. Modern cars have multiple airbags installed, most notably inside the steering wheel and passenger dashboard, but also in the side pillars of the vehicle.
Impact sensors around detect where the collision has occurred and then send the signal to spark the igniter compounds. This reaction releases nitrogen gas and rapidly inflates the airbag. This means that the vehicle occupants will collide with a cushioned bag of air rather than the hard surfaces of the vehicle, dramatically reducing injuries.
What Are The Most Common Airbag Injuries?
While a life-saving safety feature, the rapid deployment through means of combustion of an airbag can result in injuries, especially if the airbag is faulty. Possible examples include:
- Bruising.
- Damage to the eyes or respiratory system from contact with the chemical components.
- Hearing damage from the sound of the airbag deployment.
- Rib or sternum fracture due to the impact.
- Damage to the lungs or heart.
To discuss airbag injuries further, contact our advisors using the contact details provided above.
Can I Make An Airbag Injury Compensation Claim?
Every road user, from pedestrians to drivers of articulated lorries, owes a duty of care to one another. Road users are required to do everything they can to avoid harm being caused while navigating the road networks. This means upholding the Road Traffic Act 1988 and the Highway Code and, therefore, not engaging in inconsiderate, careless or dangerous driving.
If a driver fails to uphold these standards and causes an accident where your airbags are triggered, you could be entitled to claim compensation for the injuries caused. We have given a few possible examples here:
- A drunk driver ran through a red light and collided with your vehicle. You sustained a severe concussion from the impact of the airbag.
- An HGV accident occurred after the lorry driver quickly reversed without adequately observing all around their vehicle. It crashed into your vehicle as you were driving down the road. The airbag was deployed, and you suffered multiple fractured ribs in the collision.
- A speeding vehicle failed to make a bend and crashed into your car in a head-on collision. As well as suffering injuries to your face and chest, the noise from the airbag propellant damaged your hearing.
Any road traffic accident that causes the airbags to deploy could lead to an airbag related injury. Therefore, if we haven’t mentioned your particular circumstances above, don’t worry, you could very well still be eligible to claim.
For a free assessment of the validity of your potential airbag injury compensation claim, talk to our team today using the contact information given above.
Can I Claim For Injuries Caused By A Defective Airbag?
The manufacturers of products have a legal obligation to adhere to relevant safety standards. Under the Consumer Protection Act 1987, manufacturers, as well as importers and those who attach their names to goods through trademarks, can be held liable for damage caused by a defect with that product.
With regard to an airbag compensation claim, this means the manufacturer of the car can be held liable for injuries caused by a faulty airbag. So, for example, if in any of the above scenarios, the airbags did not deploy due to a fault, you could sue the manufacturer for supplying a defective product.
How Do I Claim For Airbag Injuries To My Child?
Injured persons under 18 cannot start a claim for themselves. However, a parent or another suitable adult can apply to act as the litigation friend for the injured minor. This means an adult will act on behalf of the child throughout the claims process.
You can find out more about starting a child car accident claim by talking to our advisors using the contact information provided below.
What Evidence Could Help Me In An Airbag Injury Claim?
An important part of the personal injury claims process is gathering sufficient evidence to prove a car accident was not your fault. Evidence will also aid in the calculation of a potential compensation figure by showing the extent of your injuries.
We have collated a list of evidence you could collect here:
- The first thing we always recommend is seeking proper medical attention. While your health is the primary concern, you can use the medical records from this treatment to show what injuries you experienced and how severe they were.
- Taking photographs of your injuries, the vehicles involved and the airbag in question is also advisable.
- Independent experts may be brought in to determine whether the airbag or sensor systems were faulty and how much a working airbag could have reduced your chances of injury.
- Video footage, such as from CCTV cameras or dash cam devices, can be acquired.
- Anyone who saw the accident occur, including pedestrians and other motorists, could provide a witness statement. Be sure to take down their contact details so they can be interviewed during the claims process.
One of our expert solicitors could help you with gathering evidence. Talk to our advisors for a free assessment of your eligibility, and if eligible, a solicitor could take on your claim and provide support with gathering a thorough body of evidence. Get in touch today using the contact information provided below.
How Much Airbag Injury Compensation Could I Receive?
Compensation in an airbag injury compensation claim can be awarded under up to two different heads of loss. These are:
- General damages: awarded for physical and psychological harm.
- Special damages: awarded for monetary losses. We’ll cover this head of loss in more detail below.
Determining a potential general damages figure is something our solicitors can help you with. Those assigned this task can refer to your medical documents alongside the Judicial College Guidelines (JCG).
The JCG publication contains guideline award brackets for various injuries. We have used these brackets to fill in the table below, apart from the top entry, which is not a JCG figure.
Compensation Table
Please be advised that this table has been included to act as guidance only
| Injury Type | Severity | Guideline Compensation Figure | Notes |
|---|---|---|---|
| Multiple Very Severe Injuries with Special Damages | Very Severe | Up to £500,000 and above | Multiple Very Severe injuries Significant financial losses including lost Income, medical costs and care needs |
| Chest Injuries | Total Removal of One Lung and/or Serious Heart Damage (a) | £122,850 to £183,190 | Permanent significant scars functional impairment and prolonged pain and suffering. |
| Relatively Simple Injury (d) | £15,370 to £21,920 | A single penetrating wound that causes permanent damage but no significant long term effects. | |
| Collapsed Lung (f) | £2,680 to £6,500 | Full and uncomplicated recovery from injuries | |
| Deafness | Total Deafness | £133,810 to £171,680 | This bracket is affected by both the degree of tinnitus and any speech impediments. |
| Partial Hearing Loss and/or Tinnitus (d)(v) | £8,890 to £15,370 | Slight Tinnitus with Slight NHL | |
| Facial Disfigurement | Very Severe Scarring | £36,340 to £118,790 | Very disfiguring cosmetic effect resulting in a severe psychological reaction. Typically applicable to younger claimants. |
| Brain Damage | Less Severe (d) | £18,700 to £52,550 | The injured person will have made a good recovery although problems with memory and concentration may be ongoing. |
| Minor Injury (e) | £2,690 to £15,580 | Minimal brain damage. This bracket is affected by the length of recovery period and extent of continuing symptoms. | |
| Skeletal Injuries | Multiple Fractures of Facial Bones | £18,180 to £29,220 | Involving some permanent deformity. |
Special Damages In An Airbag Injury Compensation Claim
As we briefly mentioned above, special damages compensate for the financial impacts of your injuries. In addition to compensating for immediate losses, special damages can also be awarded for ongoing costs into the future to help you manage your injuries.
It is, therefore, often the case that special damages payouts are much higher than those awarded under general damages. We have provided a few possible examples here:
- Loss of earnings: if you are unable to work while you recover from your injuries you could receive loss of earnings payments. You could also be compensated for future losses if your ability to work has been permanently reduced.
- Home modifications: mobility restrictions may mean you require the installation of access ramps, a stairlift or a modified shower in your home.
- Care costs: You could receive money for the cost of domestic care and support such as with preparing meals, cleaning, maintaining outdoor areas and personal hygiene if you cannot safely carry out these tasks on your own.
- Transport costs: if you’re unable to drive to and from work you could be reimbursed for transportation expenses.
In order to claim special damages, you will need supporting evidence. Make sure you have copies of your payslips, care invoices, receipts and other documents showing you have incurred these losses.
This section is intended to act as guidance only. Since every claim is assessed individiaully, we cannot make any guarantees about compensation here. For a more personalised assessment of what your potential airbag injury compensation claim could be worth, talk to our team today using the contact information given below.
Make An Airbag Injury Compensation Claim Using A No Win No Fee Solicitor
Once our advisors have deemed your potential airbag injury claim valid, one of our solicitors could offer their service under a Conditional Fee Agreement (CFA), a No Win No Fee contract that offers notable benefits including:
- Not paying any fees at the start of your claim,
- No fees to pay during the claim itself, and
- Finally, there are no fees should the solicitor lose your case.
A compensation payout will be awarded if your claim succeeds. A percentage of this compensation will be taken as the solicitor’s success fee. Since The Conditional Fee Agreements Order 2013 caps this percentage, you will most of any payout you receive.
To get further guidance or for a free assessment of your eligibility to claim, get in touch with our friendly advisors today using the contact details provided here:
- Call us on 0800 073 8801
- Begin your claim online by completing our callback form.
- Open the live chat window on your screen now.
Learn More About How To Claim For A Car Accident
Read more of our road traffic accident claims guides here:
- Find out more about motorcycle accident claims with this guide.
- Learn more about how whiplash injury solicitors could help you claim compensation.
- Read our guide to claiming after being hit by an uninsured driver here.
We have also provided some external resources for additional information:
- View the latest road safety campaigns from THINK! on the government website.
- Read the first aid guidance from the NHS here.
- Get advice on driving offences from the Police.
We’d like to thank you for reading our guide to making an airbag injury compensation claim. For more information or a free assessment of your eligibility to claim, contact our advisory team using the details provided above.
