Airbags failing to deploy

Darragh29

There is just no pleasing some people. Your barrister mate is obviously on the wrong end of his FE1 exams. You have absolutely no basis for a claim of any sort, you were not injured, so suffered absolutely no loss due to the airbags not deploying, so you have no statable case whatsoever. Audi won't give a fiddlers sh*t about bad publicity, there is no bad publicity, you turned your car upside down and due to the construction of the car, you were uninjured, therefore positive news for Audi and it should be positive news for you. Grow up.

BoardsRanger

good intentions wrote: »

For those of you who questioned as to why I have taken legal advice, I have had a meeting with a Barrister friend of mine, and he believes I have a case against Audi, and should expect a settlement. We are awaiting final results from Germany. I've been advised that they would loathe the negative publicity a case like this could generate, therefore that will explain the settlement.

I'll keep you posted if you like, but can't give too much information as it could jeopardise proceedings.

Does your Barrister normally practice in this area? Its just that, IMO, i dont think you have any chance of getting money from Audi for the simple reason that there was no damage!(injury wise) Damage being one of the required ingredients in a tort claim. I am, however, speaking from limited experience (law degree) and would like to know how you get on if/when you pursue it.

~edit~
if however you have lasting psychological injuries, then that is a different matter, albeit very hard to prove

Darsad

I am amazed Audi have entertained this case as the firing parameters of an air bag ECU are not recorded. Even if one of the front sensors is in the fired position there are a number of other factors / calculations including g sensor and in some cases Yaw sensor signals and the rate of deacceleration that determine if the air bag should deploy or not these calculations are made in milliseconds and cannot be read from the air bag ECU post accident.
It amazes me how many people think air bags are these big fluffy marshmallows that you can fall asleep on if in an accident and why somebody who turn a car upside down would want to take legal action but then each to their own I suppose !

green-blood

Originally Posted by good intentions
For those of you who questioned as to why I have taken legal advice, I have had a meeting with a Barrister friend of mine, and he believes I have a case against Audi, and should expect a settlement. We are awaiting final results from Germany. I've been advised that they would loathe the negative publicity a case like this could generate, therefore that will explain the settlement..

So you basicaly want a payout... good luck

Delighted you are ok, it must have been a scary experience, but you say you walked away unscathed... how much MORE unscathed do you think you would be had the airbags gone off?

Their product saved your life, the car did not "flip" on its roof - you flipped it on its roof.

javaboy

AudiChris wrote: »

+1 on the "well done for investigating this and flagging any potential safety issue to Audi".

As for a settlement, if you have any genuine physical or psychological (or other) impact from the incident, please feel free.
If you don't, then please don't pursue this further. Ireland has enough of a claim culture already.

+1. My dad works for a big car co. and the nonsense claims people put in for are ridiculous. OP if you get money out of this as compensation for something that could have happened, we all suffer in our insurance premiums.

Darragh29 wrote: »

Audi won't give a fiddlers sh*t about bad publicity, there is no bad publicity

Unfortunately you're wrong on that one. Companies routinely pay out on claims that they really shouldn't for a number of reasons:

• Audi in crash=bad publicity full stop
• People won't read "driver walked away unscathed" they will read "driver lucky not to be killed after airbag non-deployment"
• Judges and juries are notorious for ignoring technical evidence in court. Car manafacturers frequently lose cases despite being in the right because people ignore the boring technical facts.
• Even if Audi won in court, it may cost them more regardless so it's often easier and cheaper to just pay out.

BoardsRanger wrote: »

Does i dont think you have any chance of getting money from Audi for the simple reason that there was no damage!(injury wise) Damage being one of the required ingredients in a tort claim.

For the reasons I outlined above, he probably will get paid off despite no injuries.


@OP have you ever considered what would have happened had your airbags deployed on impact and then you subsequently slammed into a tree or wall after sliding along on your roof at speed? You would have had no airbags left to deploy since they would have been waster in the original collision in which they were clearly not needed.

-Chris-

Darsad wrote: »

It amazes me how many people think air bags are these big fluffy marshmallows that you can fall asleep on if in an accident

+1

Most people who have a head on impact severe enough to deploy the airbags, and who have their hands on the steering wheel at the time, suffer burns on the inside of their arms due to the heat/friction generated from the airbag inflating.

An airbag detonating is a VERY violent affair!

javaboy

AudiChris wrote: »

+1

Most people who have a head on impact severe enough to deploy the airbags, and who have their hands on the steering wheel at the time, suffer burns on the inside of their arms due to the heat/friction generated from the airbag inflating.

An airbag detonating is a VERY violent affair!

I wonder would the OP claim if airbags broke and burned his arms after deploying in a crash where he would have otherwise been unharmed?

SV

javaboy wrote: »

I wonder would the OP claim if airbags broke and burned his arms after deploying in a crash where he would have otherwise been unharmed?

probably..along with suing mcdonalds for when they spill the coffee on themselves.

Darragh29

javaboy wrote: »

Unfortunately you're wrong on that one. Companies routinely pay out on claims that they really shouldn't for a number of reasons:

• Audi in crash=bad publicity full stop
• People won't read "driver walked away unscathed" they will read "driver lucky not to be killed after airbag non-deployment"
• Judges and juries are notorious for ignoring technical evidence in court. Car manafacturers frequently lose cases despite being in the right because people ignore the boring technical facts.
• Even if Audi won in court, it may cost them more regardless so it's often easier and cheaper to just pay out.

I wouldn't agree at all, he has no statable case whatsoever. Before you sue someone, as has been pointed out by another poster, you have to have some sort of basis for a claim, in effect you have to have suffered some loss, which isn't the case here. I'm all for standing up for your rights but what is being suggested here is just silly. Also, I'd be very interested to know how an independent assessor arrived at the conclusion that the airbags should have deployed.

Darsad

Darragh29 wrote: »

I wouldn't agree at all, he has no statable case whatsoever. Before you sue someone, as has been pointed out by another poster, you have to have some sort of basis for a claim, in effect you have to have suffered some loss, which isn't the case here. I'm all for standing up for your rights but what is being suggested here is just silly. Also, I'd be very interested to know how an independent assessor arrived at the conclusion that the airbags should have deployed.

Well it always amazes me how there is always two experienced Motor Assessors or as they are called independent experts at motor court cases with polar opinions . If you were a sceptic you would say who ever writes the cheque dictates the report !! :rolleyes:

javaboy

Darragh29 wrote: »

I wouldn't agree at all, he has no statable case whatsoever. Before you sue someone, as has been pointed out by another poster, you have to have some sort of basis for a claim, in effect you have to have suffered some loss, which isn't the case here.

That's not the point. It's still publicity that Audi won't want regardless. Why do you think the legal advice the OP has received is to "expect a settlement"? It's because there is a history of people getting out of court settlements because companies don't want the bad PR.

maidhc

javaboy wrote: »

That's not the point. It's still publicity that Audi won't want regardless. Why do you think the legal advice the OP has received is to "expect a settlement"? It's because there is a history of people getting out of court settlements because companies don't want the bad PR.

I don't agree. Many businesses will just dig their heels in, in fact those that don't are few and far between.

It may settle if the OP has the balls to take it as far as the steps of the circuit court (or high court if he is foolhardy enough), but that is a petty high stakes game of poker to play when you consider the costs racked up (the barrister friend will be of little use to the OP here).

javaboy

maidhc wrote: »

I don't agree. Many businesses will just dig their heels in, in fact those that don't are few and far between.

What are you basing that on out of interest?

It may settle if the OP has the balls to take it as far as the steps of the circuit court (or high court if he is foolhardy enough), but that is a petty high stakes game of poker to play when you consider the costs racked up (the barrister friend will be of little use to the OP here).

If it reaches the steps of the courts, it will reach the papers and the manafacturer has already lost regardless of the outcome in court.

maidhc

javaboy wrote: »

What are you basing that on out of interest?

experience

Darragh29

javaboy wrote: »

That's not the point. It's still publicity that Audi won't want regardless. Why do you think the legal advice the OP has received is to "expect a settlement"? It's because there is a history of people getting out of court settlements because companies don't want the bad PR.

Yeah, but hang on, before he even gets anywhere near an out of court settlement, he has to file papers and commence proceedings and most importantly, set out his case. How is he going to do this when he has no statable case??? This is why I'm curious as to who is legally advicing him, because they clearly haven't even done the Law Society entrance exams!

The facts here are extremely simple. He didn't have a frontal impact, so his air bags didn't go off, why he is making a big deal out of it and dreaming up a completely baseless scenario through which he will have money thrown at him by the manufacturers of the vehicle, is just completely unrealistic not to mention ungrateful...

peasant

May I just point out that it is just a little bit stupid to try and milk a car company for compensation (for no other reason than greed) on the speculation that they would want to avoid bad publicity and hence rather pay you to to keep shtumm and then go and PUBLISH the whole thing it on the internet ...

galwaytt

peasant wrote: »

May I just point out that it is just a little bit stupid to try and milk a car company for compensation (for no other reason than greed) on the speculation that they would want to avoid bad publicity and hence rather pay you to to keep shtumm and then go and PUBLISH the whole thing it on the internet ...

You May. Indeed. Consider this tread saved to C://xxxx (local). Audi Irl please PM me for details :D:D

As Jean Luc would say............'make it so..'

good intentions

Hey again all.

Just had a quick scan through replies, but haven't had time to read thoroughly..

The gist (jist)? sorry not sure how to spell the word. The gist I seem to be getting is that people think I'm looking to get as much money out of this as possible. On this note, I wish to clarify a few points:

• I was in a serious accident, and 2 sources have confirmed that the airbags should have deployed, but didn't
• I was seriously shaken, but physically fine
• My insurance claim will skyrocket as a result
• I paid a large sum of money for goods that have been proven faulty
• I am not claiming for physical injuries
• I am a complete believer of the "bad money" thing. I would never fraudulently claim money as I believe it will lead to bad things happening. It was how I was raised, and for anybody to jump to the conclusion that I am some kind of money grabbing schemer, well then I feel sorry for you, cynicism is a cancer of our society.

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

So forgive me for seeking some compensation. Hopefully the money will cover the above costs. In the meantime, I am having to borrow from the bank to get this sorted.

If you were in this situation you would not turn down the money. Anybody saying the opposite is a liar, pure and simple.

If you purchased a pair of expensive shoes from Brown Thomas, and they split on first day of wearing, would you expect a refund? Yes

I don't post on here often. I was sharing a story. I honestly wasn't aware the people were so uptight.

Anan1

good intentions wrote: »

Hey again all.

Just had a quick scan through replies, but haven't had time to read thoroughly..

The gist (jist)? sorry not sure how to spell the word. The gist I seem to be getting is that people think I'm looking to get as much money out of this as possible. On this note, I wish to clarify a few points:

• I was in a serious accident, and 2 sources have confirmed that the airbags should have deployed, but didn't
• I was seriously shaken, but physically fine
• My insurance claim will skyrocket as a result
• I paid a large sum of money for goods that have been proven faulty
• I am not claiming for physical injuries
• I am a complete believer of the "bad money" thing. I would never fraudulently claim money as I believe it will lead to bad things happening. It was how I was raised, and for anybody to jump to the conclusion that I am some kind of money grabbing schemer, well then I feel sorry for you, cynicism is a cancer of our society.

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

So forgive me for seeking some compensation. Hopefully the money will cover the above costs. In the meantime, I am having to borrow from the bank to get this sorted.

If you were in this situation you would not turn down the money. Anybody saying the opposite is a liar, pure and simple.

If you purchased a pair of expensive shoes from Brown Thomas, and they split on first day of wearing, would you expect a refund? Yes

I don't post on here often. I was sharing a story. I honestly wasn't aware the people were so uptight.

Did you crash the car or did Audi?

peasant

good intentions wrote: »

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

So forgive me for seeking some compensation.

Oh my heart bleeds for you ...

Here's an idea ...next time try not to crash your car :rolleyes:

Try not to drive where the red writing is:

colm_mcm

good intentions wrote: »

[*]I was in a serious accident, and 2 sources have confirmed that the airbags should have deployed, but didn't


[*]I was seriously shaken, but physically fine

[*]My insurance claim will skyrocket as a result

[*]I paid a large sum of money for goods that have been proven faulty
[/LIST]

You crashed your car, not Audi, and even if your airbags had gone off, it wouldn't have affected any of what you've just mentioned.

good intentions wrote: »

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

Again, how is this related to airbags deploying or not, you crashed your own car, not Audi.

good intentions wrote: »

So forgive me for seeking some compensation. Hopefully the money will cover the above costs. In the meantime, I am having to borrow from the bank to get this sorted.

It looks to me that you're milking it, I'd love to know what type of "sources" told you that your airbags should have deployed.
You have proven to have very little understanding of how your car should have performed in this incident, and are simply using this accident (which was your own fault?) as a means of recouping the money you'll lose as a result of paying way over the odds for the car in the first place.

SV

good intentions wrote: »

If you were in this situation you would not turn down the money. Anybody saying the opposite is a liar, pure and simple.

If you purchased a pair of expensive shoes from Brown Thomas, and they split on first day of wearing, would you expect a refund? Yes

Wouldn't go searching for it either. Not greedy, which you clearly are.



Oh and eh..crap analogy. Unless of course the car crashed itself?

x in the city

I think the OP should be grateful that he is unscathed and alive, as pointed out, 'he' crashed the car, not audi.

as for the airbags, quite clearly they were not meant to deploy, the chassis of all modern cars is quite rigid and able to withstand most roll overs well enough to protect its occupants.

a previous poster said he totalled his audi also into a field and the bags did not deploy.

so, whatever money the OP loses due to this accident surely is his fault and not audis'.

Theboinkmaster

good intentions wrote: »

Hey again all.

Just had a quick scan through replies, but haven't had time to read thoroughly..

The gist (jist)? sorry not sure how to spell the word. The gist I seem to be getting is that people think I'm looking to get as much money out of this as possible. On this note, I wish to clarify a few points:

• I was in a serious accident, and 2 sources have confirmed that the airbags should have deployed, but didn't
• I was seriously shaken, but physically fine
• My insurance claim will skyrocket as a result
• I paid a large sum of money for goods that have been proven faulty
• I am not claiming for physical injuries
• I am a complete believer of the "bad money" thing. I would never fraudulently claim money as I believe it will lead to bad things happening. It was how I was raised, and for anybody to jump to the conclusion that I am some kind of money grabbing schemer, well then I feel sorry for you, cynicism is a cancer of our society.

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

So forgive me for seeking some compensation. Hopefully the money will cover the above costs. In the meantime, I am having to borrow from the bank to get this sorted.

If you were in this situation you would not turn down the money. Anybody saying the opposite is a liar, pure and simple.

If you purchased a pair of expensive shoes from Brown Thomas, and they split on first day of wearing, would you expect a refund? Yes

I don't post on here often. I was sharing a story. I honestly wasn't aware the people were so uptight.

Dude what are you smoking?!

You're talking as if Audi is responsible for your accident :eek:

All the adverse side effects of this accident are caused by YOU not audi - the fact that the airbags failed to deploy is utterly irrelevant! YOU are the reason you had the accident - absolutely nothing to do with audi.

I am basing this on you not mentioning another car involved in the accident - someone else may be to blame but it certainly isn't audi

This post just beggars belief really

Darragh29

good intentions wrote: »

Hey again all.

Just had a quick scan through replies, but haven't had time to read thoroughly..

The gist (jist)? sorry not sure how to spell the word. The gist I seem to be getting is that people think I'm looking to get as much money out of this as possible. On this note, I wish to clarify a few points:

• I was in a serious accident, and 2 sources have confirmed that the airbags should have deployed, but didn't
• I was seriously shaken, but physically fine
• My insurance claim will skyrocket as a result
• I paid a large sum of money for goods that have been proven faulty
• I am not claiming for physical injuries
• I am a complete believer of the "bad money" thing. I would never fraudulently claim money as I believe it will lead to bad things happening. It was how I was raised, and for anybody to jump to the conclusion that I am some kind of money grabbing schemer, well then I feel sorry for you, cynicism is a cancer of our society.

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

So forgive me for seeking some compensation. Hopefully the money will cover the above costs. In the meantime, I am having to borrow from the bank to get this sorted.

If you were in this situation you would not turn down the money. Anybody saying the opposite is a liar, pure and simple.

If you purchased a pair of expensive shoes from Brown Thomas, and they split on first day of wearing, would you expect a refund? Yes

I don't post on here often. I was sharing a story. I honestly wasn't aware the people were so uptight.

None of the inconveniences you have elaborated upon above, have been caused by your apparent belief that your airbags should have deployed, which is wrong. Your airbags should not and will not deploy if you turn your car upside down. Airbag deployment is not an exact science, you cannot subsequently say after an accident that does not involve a frontal impact that airbags should have deployed.

The cause of all your woes was you turning your car upsidedown. This is what caused any shock you might have suffered, this is what caused your car to require recovery & storage, your loss due to the condition of the vehicle subsequent to the incident, etc, etc, etc, and not the fact that your airbags didn't deploy. When the facts are clearly examined, you have absolutely no claim whatsoever for the reasons set out above.

But as you obviously have it in your head that you have a statable case, good luck with your "claim"...

Darragh29

You could maybe sue them for not designing an airbag into the ceiling for people like yourself who can't drive a vehicle without turning it upsidedown. :rolleyes::rolleyes::rolleyes:

galwaytt

• I was in a serious accident, and 2 sources have confirmed that the airbags should have deployed, but didn't

Even if this remains to be proven, the salient point is that, being uninjured, they would at best have offered no better result, and at worst may even have caused an injury, deploying......

[*]I was seriously shaken, but physically fine

which we all agree, we are happy to see, it is the most important thing, after all.

[*]My insurance claim will skyrocket as a result

If the airbags deployed, your insurance will still skyrocket. This is your 2nd accident, so expect to be hammered if, for no other reason, driving without care and attention (you did say you rear-ended someone else..........)

[*]I paid a large sum of money for goods that have been proven faulty

Not proven, and you're a long, long, long way, from it. The car is not designed to be operated, inverted.........

[*]I am not claiming for physical injuries

what, then ?

[*]I am a complete believer of the "bad money" thing. I would never fraudulently claim money as I believe it will lead to bad things happening. It was how I was raised, and for anybody to jump to the conclusion that I am some kind of money grabbing schemer, well then I feel sorry for you, cynicism is a cancer of our society.

- unfortunately, your post is coming across as the complete opposite.......you had an accident. You suffered financial loss. You have not claimed that the accident, nor loss, were caused in any way by your choice of car - Audi, so we can only presume the circumstances of your own driving. This then makes you the party to be scrutinised here for the loss, certainly not the car manufacturer, and not other premia payers.......

In the meantime (as this will be a lengthy process), consider that I have to make an insurance claim, get my car towed at considerable cost. Storage costs. Time off to talk to Garda/Insurance Company/Look at new cars. Sorting out Car Rental. I am a field based employee - I have had to cancel meetings as a result.

All these are as a result of your driving, nothing to do with an Audi, or any other brand, for that matter......

So forgive me for seeking some compensation. Hopefully the money will cover the above costs.

Sorry, can't forgive you - you are not entitled, imho, to compensation for your own......ineptitude/bad fortune...

In the meantime, I am having to borrow from the bank to get this sorted.

nothing to do with us (policy payers), or Audi....Live Horse, Get Hay, as they say.....

If you were in this situation you would not turn down the money. Anybody saying the opposite is a liar, pure and simple.

Well OP name calling does nothing to with helping win sympathy, and tbh, deserves a warning/ban. I had a head injury as a passenger in a car many years ago, and never put in a claim, so I can now substantively repudiate you calling me a liar.
Next ?

If you purchased a pair of expensive shoes from Brown Thomas, and they split on first day of wearing, would you expect a refund? Yes

Yes. Are you saying a pair of BT shoes caused you to lose control, and thus crash ? If so, is it not BT you should be suing..?? :rolleyes: :rolleyes:

I don't post on here often. I was sharing a story. I honestly wasn't aware the people were so uptight.

You're getting it all wrong. You posted up for comment, and comments are what you've got. It's all been very civil, so you have to accept that at the very least, people are going to disagree with you at some point, and at the worst will see you as the type of claimant directly responsible for the premia levels in this country, and the mentality that has caused it.

mountain

OP,
i really dont seem the basis for your claim, you crashed your car, -your fault.
You were uninjured - car protects you.

Airbags dont go off, which would of made no difference and you want to sue Audi, get a grip and be grateful that you are telling us this story.
if it were me i would be rushing out to buy another Audi on the basis that this one saved me. Ask your barrister friend to write a letter to Audi, telling them how strong their cars are, and that you are available to do a tv ad, sharing that info.


I don't post on here often. I was sharing a story. I honestly wasn't aware the people were so uptight.

People arent being uptight, people are pointing out that you should be a bit more appreciative of your Audi.

galwaytt

mountain wrote: »

People arent being uptight, people are pointing out that you should be a bit more appreciative of your Audi.

+++1

I'd even say people would say you should be more appreciative of surviving, intact, uninjured, to live/work/play, another day.

Mr Benevolent

Lads, it's not worth going over the same grounds again and again. The car decided not to deploy the airbags and the OP doesn't seem to understand this. I also notice that the OP has not described the accident in any great detail, so it obviously wasn't a head-on and he was probably to blame. He's blaming the whole accident on Audi, not his driving. Audi/VAG will get him laughed out of court. Let's leave it at that.