This is an informative guide on the process of making an airbag injury compensation claim. The purpose of an airbag is to reduce injuries to drivers and passengers in a car accident by quickly inflating upon collision and then deflating. This could protect drivers or passengers by preventing them from hitting their heads on hard surfaces within the vehicle.
However, an airbag could also cause harm upon impact, such as facial fractures, damage to sight, and traumatic chest injuries. The severity of these injuries can range from mild and transient to severe and life-changing. If they result in you being unable to work, you could suffer financially due to the loss of earnings. If you have sustained injuries due to another road user’s negligence, you could be eligible to make a personal injury claim.
This guide will provide information on the conditions that must be met to make a claim, as well as evidence you could provide in support of your case. Additionally, we will discuss potential compensation amounts for injuries that could be caused by an airbag.
You can also speak to one of our advisors to assess the validity of your road traffic accident claim. They can offer expert legal advice 24/7, which is both confidential and free. Furthermore, if you do have a valid airbag injury compensation claim, they could connect you with a No Win No Fee solicitor from our panel.
Please:
- Call us on 020 8050 2736
- Contact us by filling out our online form
- Write to an advisor using our live support feature at the bottom of this page
Airbag injury compensation guide
Choose A Section
- A Guide To Claiming Airbag Injury Compensation
- When Could I Claim For Airbag Injuries?
- Evidence That Could Help You Receive Airbag Injury Compensation
- Airbag Injury Compensation – What Could You Receive?
- Benefits Of Making A No Win No Fee Road Accident Claim
- Learn More About Claiming For Airbag Injuries
A Guide To Claiming Airbag Injury Compensation
To make an airbag injury compensation claim, it is important to determine that someone who owed you a duty of care was at least partly liable for your injuries. The Road Traffic Act 1988 outlines road users’ duty of care to navigate the roads with due care and attention and prevent putting themselves and others at risk of harm. Additionally, The Highway Code provides guidance and rules to be followed by road users, some of which are backed by law.
Therefore, a road user could breach their duty of care by:
- Driving over the speed limit.
- Operating a vehicle under the influence of alcohol while unfit to do so, or while over the legal limit.
- Performing a dangerous manoeuvre in a place where it is prohibited.
- Ignoring traffic lights and driving through a red light.
Take a look at the next section of this guide for a closer look at the eligibility criteria to make a road accident claim.
If you have sustained airbag injuries due to another driver breaching their duty of care, please speak to one of our advisors to discuss whether you could be eligible to make a claim. They are available all day, every day, to provide legal advice at a time suitable for you.
When Could I Claim For Airbag Injuries?
Not every car accident will lead to a claim. To claim airbag injuries compensation, you must prove the following components of negligence:
- Firstly, a road user owed you a duty of care.
- Secondly, they breached this duty of care, causing an accident.
- As a result, you sustained injuries.
It is also important that you are within the relevant time limit laid out by the Limitation Act 1980 to begin your personal injury claim. This states that you have three years from the date of the accident or three years from the date you learned of negligence causing your injuries to begin proceedings.
There can be certain exceptions to these limitations. Please contact our advisors to discuss the time limits relevant to your claim.
How Do I Claim For Minor Injuries?
On the 31st of May 2021, the way in which an adult driver or passenger can claim compensation for whiplash and soft tissue injuries valued at £5,000 or less has changed. With the introduction of the Whiplash Reform Programme, you must now use the government’s Official Injury Claims portal, where your injuries are valued in line with the tariff outlined in The Whiplash Injury Regulations 2021. Additionally, these tariff amounts could apply to claims not made through the government’s Official Injury Claims portal.
Please note that any injuries not included in this tariff can be valued in the traditional way.
Contact our advisors to find out how these changes could affect a claim for a neck injury caused by another road user’s negligence.
Evidence That Could Help You Receive Airbag Injury Compensation
To support a claim for airbag injury compensation, evidence is needed to prove the negligence that caused your injuries. Therefore you could gather the following:
- Dashcam or CCTV footage showing the occurrence of the accident.
- Photographic evidence of any physical injuries and the scene of the accident.
- Witness contact details so that a statement could be taken at a later date.
- Medical records detailing your injuries and treatment.
Finally, we also recommend that you seek legal advice for guidance on the claims process. Don’t hesitate to discuss your claim with our team of advisors.
Airbag Injury Compensation – What Could You Receive?
A successful airbag injury claim may result in you receiving two potential categories of compensation:
- Special damages – This compensates for past and future monetary losses incurred due to the accident in which you were injured.
- General damages – This compensates for the pain and suffering caused by any physical injuries or any psychological harm you sustained as a result of the accident.
As a guide to compensation amounts for various injuries, we have provided a table below using the Judicial College Guidelines (JCG), updated in April 2022. Road traffic accident solicitors can use this document to help them value the general damages that could be awarded in an airbag injury compensation claim settlement.
| Injury | Notes on the Injury | Compensation Brackets |
|---|---|---|
| Injuries Affecting Sight (b) | The injured person will be totally blind. | In the region of £268,720 |
| Injuries Affecting Sight (e) | The injured person will have completely lost sight in one of their eyes. | £49,270 to £54,830 |
| Moderate Injury Resulting From Brain Damage (c)(iii) | The person will suffer an effect on their concentration and memory. Also, their ability to work will be reduced. The amount that the injured person depends on others will be very limited. | £43,060 to £90,720 |
| Moderately Severe Psychological Injury (b) | The person will have significant problems coping with daily life, education and work. However, their prognosis will be much more optimistic than someone with a severe psychological injury. | £19,070 to £54,830 |
| Severe Neck Injury (a)(iii) | Injuries causing severe damage, fractures or dislocations to ruptured tendons and/or soft tissues that result in chronic conditions and a significant permanent disability. | £45,470 to £55,990 |
| Severe Back Injury (a)(i) | The person will suffer from severe pain and disability along with a combination of other problems, including significantly impaired bowel, bladder, and sexual function and incomplete paralysis. | £91,090 to £160,980 |
| Moderate Back Injury (b)(ii) | This bracket covers many frequently encountered back injuries, including disturbance of muscles and ligaments leading to backache. | £12,510 to £27,760 |
| Chest Injury (b) | A traumatic injury to the lungs, chest and/or heart that results in permanent damage, physical disability, impairment of function and a reduced life expectancy. | £65,740 to £100,670 |
| Severe Shoulder Injury (a) | Injuries that result in significant disability and are often associated with neck injuries involving damage to the brachial plexus. | £19,200 to £48,030 |
| Less Severe Arm Injury (c) | Although the person will have suffered significant disabilities, they will have undergone a substantial degree of recovery or will be expected to. | £19,200 to £39,170 |
You should consider the amounts in the table as a guide; if you make a successful compensation claim, the unique factors of the case will determine the payout.
Can I Claim Special Damages In A Road Accident Claim?
Financial losses for which you could be eligible to receive compensation under special damages include:
- Travel expenses
- Medical expenses
- Care costs
- Loss of earnings
It is important to note that you must provide evidence of any special damages. This may include:
- Travel tickets
- Receipts and invoices
- Bank records
- Payslips
To discuss potential car accident claim payouts, please speak to a member of our team. If they feel your case is valid, they could connect you with a No Win No Fee solicitor from our panel to work on your case.
Benefits Of Making A No Win No Fee Road Accident Claim
It is not an obligation to use a solicitor to make a personal injury claim. However, it could prove beneficial to your claim. A legal professional can help you to gather evidence and present a complete claim.
Furthermore, opting to enter into a Conditional Fee Agreement (CFA) with a No Win No Fee solicitor could provide further benefits, such as:
- Generally not being required to make any payments for a solicitor’s services either upfront or during the course of your claim.
- Additionally, you will usually not be asked to pay for these services if the claim is unsuccessful.
- A successful claim generally resulting in a solicitor under a CFA deducting a small legally capped percentage of the compensation. This is referred to as a success fee.
Our advisors can assess your airbag injury compensation claim. Should they find you could have a valid claim, they may place you in contact with one of our specialist personal injury solicitors, who could offer you to enter into a No Win No Fee agreement.
See If You Can Make A Road Traffic Accident Claim By Contacting Us For Free
Contact one of our advisors for insight into whether you could be eligible to make an airbag injury compensation claim.
You can:
- Call us on 020 8050 2736
- Contact us by filling out our online form
- Write to an advisor using our live support feature at the bottom of this page
Learn More About Claiming For Airbag Injuries
Please explore more of the guides from our website to learn more about making a claim:
- How Long Do Car Accident Personal Injury Claims Take?
- Making A Paralysis Injury Claim Explained
- The Steps To Making A Hit And Run Injury Claim
Also, look over these external sources for more information:
- GOV.UK – Vehicle Safety Standards Information Sheets
- THINK.GOV – Advice for road users
- NHS – When to call 999
Thank you for reading this guide to claiming airbag injury compensation. If you would like to enquire, use the contact details above and speak to one of our advisors.
Writer Jess Oliphant
Publisher Fern Stewart