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Debra, Lawyer
Category: Canada Law
Satisfied Customers: 99943
Experience:  Lawyer
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My husband was recently in a serious car accident and the

Customer Question

My husband was recently in a serious car accident and the airbag did not deploy. Please advise what our options are to receive compensation for damages. Would there be any issues in contacting the car manufacturer directly in an attempt to avoid a lengthy legal proceeding? Or should we initiate the process through legal services?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Debra replied 1 year ago.

Before I answer can you let me know whether your insurance company is cover all the damages or not.

Customer: replied 1 year ago.
Insurance will handle the car damages, not punative damages resulting from car manufacturer defects.
Expert:  Debra replied 1 year ago.

Are they covering all the damages related to the harm caused to your husband?

Who told you that you would be able to receive punitive damages?

Customer: replied 1 year ago.
As the car accident did not result in severe injuries to my husband, he can only collect damages towards the car itself through insurance. However, since the airbag is defective and should have deployed upon impact, we are looking to claim damages due to the car manufacturer defect. Is this possible?
Expert:  Debra replied 1 year ago.

It is not likely possible at all.

The reason why is that a court may hold the manufacturer liable but will only award your spouse damages if he sustains any.

Fortunately, he was not hurt and any damages to the car are being compensated by the insurance company.

So there is nothing to base an award of damages on.

Do you see what I mean?

And even if there was, punitive damages are not awarded for negligence or for errors or substandard products or services. Punitive damages relate to conduct that deserves punishment. So the damage award would be based on what damages your spouse incurred that were a result of the failure of the airbag to deploy and are above what he is getting paid by the insurance company.

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