• Air bags of car did not inflate after accident

Hello! i met an accident last night. My car xuv500 rolled over 2 times and struck a divider. i suffered no injuries. but car got damaged badly. i can see damages at front also. however air bags of the car didm inflate. i was wearing the seat belt. can i sue the company as the air bags did not inflate? i agree i didm sustain any injury but car got damaged very badly and repairing cost is coming out to be 7 lakh rs. if air bags will not inflate in accidents like this than when what is use of air bags and company charging for air bags and assuring safety of life. i am lucky that i survived bt isn't it a lack of safety and cheating from company by charging and assuring that air bags will inflate and save life. so please advise if i can sue the company on this and what is the procedure for this. and approx how much time it will take for the complete proceeding to close down.
Asked 3 months ago in Civil Law from Ghaziabad, Uttar Pradesh
1) file complaint against company for deficiency in service before the consumer forum 

2) since you have paid for airbags and they did not inflate after accident you can claim compensation for the mental torture undergone by you 

3) cases take 2 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Dear Concerned 

Yes, you can file a complaint at the consumer forum and sue the company. Hope there is an FIR that has been registered about the accident. Use this FIR, pictures and related papers of the accident and file a consumer complaint without delay. 

Best of Luck
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
This is certainly a deficiency in the goods and services within the mischief of Consumer Protection Act, for which you can sue the company to claim compensation due to the non inflation of the air bags. However, in so far as the damage caused to the car the company is not liable. If you have third party insurance then you can invoke it. 
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Have you informed manufacturer about  non functioning of air bags at the time of accident 

2) what was response received ? 

3) are they willing to replace defective air bags ? 

4) recover damage to your car from
Insurance company 

5) depending upon manufacturers response then take a call 
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
There is two separate cause of action arosed, one is against the insurance and second is for company for failure of service.

You may file two complaint before consumer court.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Yes you can sue the manufacturer of the vehicle for non functioning the air bags. Non opening of air bags will amount to deficiency in services committed by the manufacturer. For car damage you have to claim with insurer. the claim for non functioning air bags shall before concerned district consumer forum. The procured for claim is first you have to sent a notice to the manufacture stating all facts and demand for payment of compensation for deficiency in services and damages costs etc., 
Lakshmi Kanth
Advocate, Hyderabad
223 Answers
2 Consultations
4.8 on 5.0
Irrespective of their reason. If it is a head on collision or the SUV rolled then too the the bags should inflate. 

No with 7 lacs to bensure spent on this Vehicle personally it is not suggested to get this vehicle repaired. For that range you can buy a Saloon or put some more money and buy an SUV. Don't put your money into it. 


Weigh the difference which insurance company is giving and you have to bear. 

Consumer cases if case is clear of the service or product negligence then are decided quickly. 

Feel free to connect with us for free consulting on your subject.

Best of luck 
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Technical reasons cannot suffice. If air bags are fitted in the car they are to inflate, failing which it is a deficiency within the sweep of Consumer Protection Act. You have to separate collision and non-inflation of the air bags, For the collision the manufacturer is not liable, whereas you can make the insurance company liable for the damage done to your vehicle.
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
The automatic inflation of airbags in the car during an accident shall be only when the vehicle has an impact while head on collusion.

Technically, when the vehicle tumbles or rolls over during this type of accident, the airbags may not inflate automatically, however this technical details may be confirmed through motor mechanic engineers.

If you feel that you have been cheated by the company due to this technical defect (?), then you may get an opinion from an expert in this regard and first serve a legal notice claiming relief and compensation to the company through the dealer from whom you purchased this vehicle and after that you can drag those people to consumer forum for redressing your grievance. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
but mahindra will give the technical reason for not inflating air bags. i guess, i have to leave the vehicle for 2-3 years their to fight the case and in case if mahindra prove by technical reason that air bags rant suppose to inflate in this collision than nothing right? as i am checking online , there are so many cases in which air bags are not inflated. can i get it done with insurance and than fight a case in consumer court? is it possible?

You can no doubt avail the insurance cover for the damages and then think about fighting a legal battle with the company if it is worthwhile. 
T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Civil Lawyers

T Kalaiselvan
Advocate, Vellore
13969 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23177 Answers
1217 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
447 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12088 Answers
229 Consultations
5.0 on 5.0
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
130 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2735 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0