If I was driving a loaner car and had an accident but the airbags failed to deploy, can I sue?

UPDATED: Feb 4, 2015

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If I was driving a loaner car and had an accident but the airbags failed to deploy, can I sue?

An animal darted out in front of me, I swerved, over corrected and crashed into a tree. I had a passenger. The passenger has decided to sue because the air bags never deployed. Should I sue too?

Asked on February 4, 2015 under Accident Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

What are you suing for? IF you suffered some significant injury and medical costs, you may have a viable claim; but if--as we hope--you were either uninjured or only slightly injured, there's no point in suing. In a lawsuit, you can only get compensation for actual injuries or costs (and not for what might or could have happened). Without significant injuries or medical costs, you can't really recover any compensation, and could spend more on the lawsuit then you'd get back.

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