What are my rights if I was recently in an accident and the aibags did not deploy?

I called the car lot I am buying my car from and let them know. The only thing they asked me was if the driver’s airbag deployed. It didn’t not but I have also asked if there was even one in it. If there’s no airbag, can he get in trouble for selling it like that, at least without informing the buyer?

Asked on February 18, 2013 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

IF they knew there was no driver's airbag and did not disclose that fact, that may be fraud (the misrepresentation of a material, or important, fact). If it was fraud and you were injured, you may have grounds to sue them for your injury (such as for your out-of-pocket medical costs)--though if you were not injured, there's no point in suing, since the amount of money you could recover is linked to the extent of your injuries. You could also report them to, for example, the state attorney's general office and/or better business bureau if they committed fraud, which could get them in trouble--but will not get you any money.

If they did not know of the absence of the airbag, they would most likely not be liable.

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