• Non deployment of Airbags in major car accident

My parents met with a car accident, they sitting in front and father was driving. They got severe injuries due to non-deployment of both airbags. Father has got multiple rib fractures and deep cut in tongue and gums and mother has got vertigo problem (dizziness and giddiness) when she rammed her head due to the impact and has got inner ear injury with one hand fracture. Both cannot do their daily activities and discharge from the hospital. My whole family is undergoing mental trauma. 
We have made a complaint to the company and they took the car from the police station for inspection. But they have not reverted and mailed us that they need permission for dismantling few parts. 
The insurance company is telling the car is going to scrap in a total loss. 
So my queries are shall we go to the consumer court and send them a legal notice? 
Or we shall we let them inspect the car themselves first and then file?
Also, I want to know whether we have to be present there while their inspection or any third party we should ask for an inspection at the company center.
Asked 4 months ago in Civil Law from Delhi, Delhi

Hello, 

If they are not replying to your e-mail and are not reverting then you should send a legal notice to them and thereafter file the case before the consumer forum. 

Ask the police station to enquire at the company as to why they are delaying the process. 

Get in touch with the company to ask them as to when they will be doing the inspection so that you can mark your presence at the relevant time. 

 

What was the value of the car?

 

Regards 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

You should send them a legal notice and file a consumer complaint at the earliest. 

Mayank Sapre
Advocate, New Delhi
234 Answers

5.0 on 5.0

File complaint both before consumer Forum and Motor vehicle Accident Tribunal.

Anand Shukla
Advocate, Delhi
472 Answers
12 Consultations

4.9 on 5.0

Before answering to your query, please state as to whether they were wearing seatbelts or not?

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

How come they took car from police station ?

Non deployment of air bags is severe deficiency of product.  Tell, them not to scrape the car,  company is disposing the evidence. File consumer complaint. Absolute recovery with medical expanse s++ compensation + interest.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

File complaint against car manufacturer before consumer forum as air bags failed to deploy due to accident 

 

2) enclose medical report of nature of injuries to your parents 

 

3) seek compensation for mental torture undergone by parents 

 

4) also expenses incurred on

medical treatment 

 

5) obtain inspection report from manufacturer of reasons why air bags did not deploy in event of accident 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

Yes it is a consumer dispute and claim compensation from the car company as it was default on there part.

See on inspection they will find out your fault to shift the onus so In such situation send a notice and further if on notice and inspection they fail to compensate file a consumer complaint against the company.

Also you can take third party expert report on same and get it inspected it will be useful in complaint.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Dear Concern,

 

Please note - 

01. The Prospectus/Catalog of the Car which your parents were driving and the medical reports of your parents are more than enough to approach the consumer court asking for the compensation which your family truly deserves. All that is required to be proven is - 

(a) the airbags were faulty,

(b) your parents were having seat belts on themselves while driving the vehicle. 

02. The company usually do not entertain anyone at the time of inspection of the car at their workshop. If you want your presence to be over there then you may specifically ask for it from them. 

03. Your filing of case is not dependent upon inspection of car from the side of the company so you may chose either of the option like filing it after the company has completed its inspection or before the company has completed its inspection. However, if you wish to play safe then you may chose to file your case after the inspection as that closed down all the remaining speculation about the faultiness of the car.  

Pulkit Prakash
Advocate, Delhi
134 Answers
3 Consultations

5.0 on 5.0

1) No, now what you're expecting from company?

 

2) Get company brochure and all details whatsoever they had promised at the tie if purchasing the car mentioned all those points and your parents accident report and their injuries.

 

3) File case in both places in Consumer Forum and court as well under motor accident act make the party to insurance company as well.

Ganesh Kadam
Advocate, Pune
7480 Answers
65 Consultations

4.9 on 5.0

Issue a legal notice through an advocate and file complaint before district consumer forum as air bags failed and seek compensation. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

You should send them a legal notice immediately and i hope  your parents were wearing their seat belts at the time of the accident.

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

You can let them inspect and then file consumer complaint you be present during inspection

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

Dear client 

Yes you should go to consumer court and send them the legal notice regarding the matter and you should claim a heavy compensation from the car manufacturer for delivering you a faulty vehicle.

You should also file a case under Motor Accident Claim Tribunal(MACT) for compensation of accident from the insurance company. 

Mohit Kapoor
Advocate, Rohtak
3563 Answers
1 Consultation

5.0 on 5.0

First of all try to get all the formalities by the insurance company done as early as possible because before filing case you should be in hand some relevant information on which the case shall be based, then see what happened, take early steps in the matter. In the meantime drop a mail to the car company for not reverted back regarding the steps taken. Put pressure on the insurance company to complete their work as early as possible as the car is a case property so can't be dismantled without informing you and the police and court. If after these steps you found that car company or police or insurance company is not co-operating with you then file a case before the consumer court or other competent court as the case may be.

Koshal Kumar Vatsa
Advocate, Gurgaon
1777 Answers
1 Consultation

5.0 on 5.0

If the non-deployment of the airbags was due to a technical malfunction, or in any other error related to a manufacturing defect in the car, this is a fir case to drag the car manufacturer to the consumer court. Serve them with a legal notice before approaching the consumer court.

Vibhanshu Srivastava
Advocate, New Delhi
8567 Answers
134 Consultations

5.0 on 5.0

Before.filing case you can take expert.opinion on non-deployment of airbags in case the case is filed you can use same if it is favourable.

You can file MACT against the other party claiming expenses and losses for injuries.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

Consumer complain will file. Non deployment of air bags is car manufacturing defect. Car company will compensate.

In no case car can be scrapped. More over, car must be released on conditional orders, Scarping car by comapny will be contempt of court.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

The best recourse for you is to file a consumer complaint against the car company fordeficiency of services and unfair trade practices adopted by them by way of non deployment of airbags inspite of the fact that both the passengers were wearing seatbelts, wherein you can seek compensation for the trauma and mental agony undergone by the parents as well as actual medical expenses incurred due to their deficiencies. 

Also, you can file a make the insurance company a party in the said case.

Filing of MACT case would not be of much help as cases take 8-10 years to be disposed off and the compensation amount awarded is very low.

Siddharth Jain
Advocate, New Delhi
4783 Answers
52 Consultations

5.0 on 5.0

You can go against them in consumer court if you are the consumer

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

You need to file the complaint before the consumer forum only and not MACT. 

yes you should give permission in your presence 

 

regards 

Anilesh Tewari
Advocate, New Delhi
16918 Answers
259 Consultations

5.0 on 5.0

If the company is silent about the airbags and are not willing to accept the defect of unserviceable air bags, you may very well appraoch consumer court agaisnt the company by first issuing a legal notice to the company.

While there is an inspection it would be better that you be present there so that you will come to know the issues involved.

 

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

For claiming insurance amount you may have to first get a FIR registered. 

The insurance claim can be settled based on the FIR only.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

1) you should settle kids claim and give affidavit fir keeping car with RC 

 

2) legal notice should mention detailed facts of case 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

1. Yes. 

2. You can do this also after sending legal notice

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

1.See you can settle the claim with insurance company and further can also give RC and car with endorsement that they have received same and it is getting cancelled.

2.  See firstly engage an Advocate to give the notice secondly you need to give that product was defective and unfair trade practice by toyota.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

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