Can I claim if I’m injured by an airbag failure?

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    How No Win No Fee Works

    With no win no fee agreements (also known as a Conditional Fee Arrangements, or CFAs), there are no upfront legal fees, which means anyone who has been involved in an accident that wasn’t their fault can gain access to justice without any financial risk. Your solicitor only gets a fee if your claim is successful. If your claim isn't successful, you won’t pay your solicitor any legal fees.

    If your case is successful, typically you will pay 25% (including VAT) of your compensation to your solicitor, although they will discuss any fees before starting your case. To ensure your claim is risk free, your solicitor may take out an insurance policy on your behalf. If you terminate the agreement, you may have to pay fees for the time already spent on your claim, or due to: lack of cooperation, misleading your solicitor, missing medical or expert examinations, or not attending court hearings.

    There are some instances where you are not required to use the services of a claims management company, and are able to claim yourself, for free, directly via the relevant ombudsman/compensation scheme. These include:

    - Criminal injuries: The Criminal Injury Compensation Authority (England, Wales, and Scotland) or the Criminal Injury Compensation Scheme (Northern Ireland)

    - Minor road accidents: The Official Injury Claim Portal

    - Accidents involving uninsured drivers: The Motor Insurers' Bureau

    Can I claim if I’m injured by an airbag failure?

    Many modern cars are fitted with airbags. These are designed to help minimise the chance of injury if you are unfortunate enough to be involved in an accident. Needless to say, if you do find yourself in such a situation, you would expect your airbag to inflate rapidly and save you from potentially nasty injuries. It would be a shock to find it wasn’t there or didn’t inflate correctly to protect you when you needed it most.

    Will I be able to make a claim if I’ve been injured by a faulty airbag?

    If you are unfortunate enough to have found yourself in this situation, you may be wondering if you have a legitimate claim to make for compensation. You will no doubt be pleased to hear you may have grounds to make such a claim. All cases are dealt with on an individual basis, and specialist solicitors are on hand to give you the advice you need and to assess your claim.

    How strong is my case for compensation?

    Whether you have a case or not will depend on a number of factors. For example, if the car was new, you would expect the airbags to have worked without a hitch. Their failure to deploy could be the fault of the manufacturer. If there was no reason to assume there was a problem with the airbag, you may have a case to claim for compensation if you were injured as a result of it not working. For example, all cars fitted with airbags will have warning lights to alert you to a problem with the airbags. If no such light ever came on and the airbag didn’t work, you could have grounds for a claim.

    When can I not make a claim for compensation?

    Of course, if you had a warning and you ignored it or tried to fix the problem on your own, the failure of the airbag to work would be down to you. However, if a warning light had come on and you hired a repairman to fix the problem, responsibility for the airbag failure could lie with them. This is why it is important to consult a no win no fee solicitor in order to ascertain whether you have a case to bring for compensation.

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