When airbags deploy in an accident, it’s a clear sign that the impact is significant. However, whether this means your car is automatically considered totaled isn’t always straightforward. The decision depends on factors like the extent of the damage and the car’s value before the crash. These elements can help you better navigate the aftermath of an accident and the insurance process.
When Airbags Deploy?
If your car is totaled after airbag deployment depends on several factors, including the extent of the damage and the car’s value before the accident.
1. Extent of Damage: If the airbag deployment is accompanied by significant damage to the vehicle’s structure or other components, repair costs can be very high.
2. Car’s Value: The car is considered totaled if the cost to repair it, including airbag replacement, exceeds a certain percentage (usually 70-75%) of the car’s pre-accident market value. For older or less valuable cars, the airbag deployment alone might be enough to total the vehicle.
3. Insurance Assessment: The decision depends on the insurance company’s assessment. They will evaluate the repair costs versus the car’s value to determine if it’s more economical to repair the car or declare it a total loss.
When is the Car Total after the Airbags Deploy?
When a car is “totaled” after the airbags deploy, it means that the vehicle has sustained enough damage that the cost to repair it exceeds its value, making it more economical for the insurance company to declare it a total loss rather than repairing it.
Here’s a more detailed breakdown:
Repair Costs vs. Vehicle Value: The key factor in determining if a car is totaled is comparing the cost of repairs to the car’s pre-accident value. If repair costs exceed a certain percentage of the car’s value, it is considered a total loss.
Extent of Damage: Airbag deployment often indicates a significant collision or impact, which may cause considerable damage to the vehicle. This damage may involve structural issues, which can be expensive to repair.
Insurance Company Decision: The insurance company will assess the damage and repair costs. They will compare these costs to the car’s market value to decide whether it should be repaired or deemed a total loss. The insurance company will pay the owner the car’s pre-accident value minus any deductible.
Total Loss Thresholds: Different insurance companies and jurisdictions may have varying thresholds for what constitutes a total loss. The specific percentage used to determine this can vary, but it generally involves assessing the extent of damage relative to the vehicle’s worth.
Possible Airbag Defects That Could Entitle You to Compensation
Airbags are critical safety features in vehicles, but defects in their design or manufacturing can lead to serious injuries or even death, potentially entitling victims to compensation.
Here are some possible airbag defects that could form the basis of a legal claim:
1. Failure to Deploy: If an airbag fails to deploy during a collision where it should have activated, occupants are left protected, leading to serious injuries. This defect may be due to faulty sensors, wiring issues, or problems in the airbag’s control module.
2. Unexpected Deployment: Airbags that deploy without a collision can cause accidents or injure the driver and passengers. This defect could result from a malfunction in the vehicle’s sensor system, triggering the airbag unnecessarily.
3. Overly Aggressive Deployment: Some airbags deploy with excessive force, causing injury rather than preventing it. Injuries can include broken bones, burns, or even death, especially in smaller or older occupants.
4. Defective Airbag Inflators: Issues with the airbag inflator, such as the infamous Takata airbag defect, can cause the inflator to rupture and send metal shrapnel into the cabin when the airbag deploys. This defect has led to numerous injuries and fatalities.
5. Poorly Designed or Manufactured Airbags: If the airbag itself is poorly designed or manufactured, it may not provide adequate protection. This can include issues with the size, shape, or placement of the airbag, which could result in inadequate coverage during an accident.
Understanding Car Totalling Criteria
When a car is involved in a significant collision, such as one that deploys the airbags, the damage is assessed by the insurance company. If the total cost of repairs—including the replacement of deployed airbags and any structural or mechanical fixes—surpasses a predetermined percentage (around 70-75%) of the vehicle’s market value before the accident, the car is considered “totaled.”
This threshold ensures that the car’s repair costs are economically viable compared to its value, avoiding excessive expenditure on a vehicle that may not be worth the investment to repair. If the repair costs exceed this threshold, the car is declared a total loss, and the insurance company will pay the owner the car’s value minus any deductible.
Insurance Company’s Role
The insurance company plays a pivotal role in determining whether a car is totaled after airbags are deployed. Following an accident, they begin by thoroughly assessing the damage, including the cost of necessary repairs such as fixing structural issues and replacing the deployed airbags. They then establish the car’s pre-accident market value, which serves as a benchmark for comparison against repair costs. If these costs exceed a specified threshold, 70-75% of the vehicle’s pre-accident value, the insurance company will classify the car as a total loss.
This decision is driven by the need to make a financially sound choice between repairing the car or compensating the owner for its value. If the car is deemed totaled, the insurance company will initiate the settlement process, providing the policyholder with compensation based on the car’s market value before the accident, after deducting any applicable deductible.
Attorney’s Role
In cases where airbags deploy and the vehicle may be totaled, attorneys play an important role in guiding car owners through the insurance claims and legal proceedings. Their involvement includes evaluating the insurance company’s determination, and ensuring that repair costs and pre-accident value assessments are accurate and fair.
Attorneys also negotiate with insurance companies if the settlement offer is insufficient, challenging any undervaluations or inadequate repair estimates. They provide legal advice and representation, safeguarding the car owner’s rights in disputes with the insurer.
Attorneys gather and organize essential documentation and evidence, such as repair estimates and accident reports, to support the claim. If disputes arise regarding the total loss status or if the claim is denied, attorneys help resolve these issues through mediation or litigation. Ensuring that the owner’s interests are protected and that they receive a fair settlement.
FAQs
Does airbag deployment mean my car is automatically totaled?
Not necessarily. Airbag deployment indicates a significant impact, but whether your car is totaled depends on the extent of the damage and the cost of repairs compared to the car’s pre-accident value.
How is it determined if my car is totaled after the airbags deploy?
Insurance companies assess the repair costs, including airbag replacement, and compare them to the car’s market value before the accident. If the repair costs exceed a certain percentage of the vehicle’s value (usually 70-75%), the car may be declared totaled.
What should I do if my car is declared a total loss after airbag deployment?
If your car is declared a total loss, the insurance company will offer a settlement based on the car’s pre-accident value minus any deductible. You can negotiate the offer if you believe it’s insufficient or seek legal advice if there are disputes.
Can I still repair my car if it’s declared totaled after airbag deployment?
Once a car is declared a total loss, it means the cost of repairs is too high relative to the vehicle’s value.
How does airbag deployment affect the value of my car?
Airbag deployment can significantly impact the car’s value because it often indicates major damage. The cost of replacing deployed airbags and repairing the vehicle contributes to determining whether the car is considered totaled.
Want to Hire a Car Accident Lawyer then contact us
If you’ve recently experienced a car accident where the airbags deployed and you’re concerned about whether your vehicle might be totaled, our team of experienced car accident lawyers in Chicago is here to help. We specialize in insurance claims and ensuring you receive fair compensation for your losses. Contact us today at (312) 598-0917 for a free consultation to discuss your situation, assess the value of your claim, and get expert legal guidance on how to proceed.
Interesting Reads:
C2 Fractures: The Hangman’s Fracture
Is It Legal to Drive a Car After Airbags Deploy?
What Percentage of Dog Attacks are Pit Bulls?
The post If Your Airbags Deploy, Is Your Car Totaled? appeared first on Phillips Law Offices.