Your car isn’t necessarily considered totaled if the airbags deploy. Generally, an insurance company may deem your car totaled when the cost to repair it exceeds a certain percentage of its actual cash value (ACV), which may be based on state law and the insurer’s guidelines.
Talk with a car accident lawyer in Long Island if you’re involved in an auto crash in which your vehicle’s airbags deploy, and you suffer injuries and property damage. Your attorney wants you to care for yourself in the aftermath of this incident. Meanwhile, they can give you insights into whether the airbags deploy when a car is totaled and other topics specific to your situation.
Depending on the circumstances of your auto accident, your lawyer could advise you to proceed with an insurance claim or a personal injury lawsuit. With either option, your attorney wants you to recover compensatory damages for your tangible and intangible accident losses.
Factors That Can Determine if a Car Is Totaled After the Airbags Deploy
Is a car totaled if the airbags go off? A Long Island personal injury lawyer can answer questions like this and explain the types of damages that could be recovered through a claim or lawsuit.
Following your auto accident in which your car’s airbags deployed, your attorney may account for these factors that could dictate whether your vehicle will be classified as totaled:
- Repair costs: It could cost thousands of dollars to fix or replace your car’s deployed airbags, sensors, and damaged dashboard panels, which can raise the total cost of repairing your vehicle.
- Your car’s value: In many instances, insurance companies are more likely to repair newer cars than older ones since the repair estimate may be less than their market value. Because of this, if you own an older car with a low market value, your vehicle’s airbags deploy in an accident, and the costs to repair or replace them exceed your insurance threshold, your insurer may say that your car is totaled.
- New York’s total loss calculation: In New York, a vehicle may be considered a total loss when the estimated repair costs exceed 75% of its pre-accident retail value under the state’s total loss threshold.
Your attorney can share information about how fault is determined in a car accident and what to do to get compensation for your auto collision losses.
On top of this, they can teach you about New York’s no-fault car insurance laws and how they can impact the compensation that you could get if your vehicle is totaled after the airbags deploy.
Will Your Insurer Cover Your Losses After an Auto Accident in Which Your Car’s Airbags Deploy and Your Vehicle Is Totaled?
If you are involved in an auto accident and your car is totaled following the deployment of your vehicle’s airbags, you may be able to receive compensation through applicable insurance coverage or from a liable party.
Since New York is a no-fault state, your auto insurance may provide coverage for certain injury-related expenses, such as your medical bills and lost wages, regardless of who caused the accident. Damage to your car may be handled through your insurance coverage or a claim against an at-fault driver’s insurance.
Or, if your car is totaled after its airbags deploy and you don’t have enough insurance coverage, you may be able to request compensation for your losses from any liable parties or their insurers.
In this situation, an auto accident attorney may help you pursue compensation for your losses from the incident in alignment with New York law.
Should You Sue if Your Car Is Totaled After the Airbags Deploy and Someone Else Is Liable?
Consult with a car accident attorney if your car has been totaled after its airbags deploy. Your lawyer wants to learn about you and your auto crash. From here, they can explain your legal options and whether you may have grounds for a lawsuit.
Your lawyer may advise you to sue anyone who may be responsible for your car crash if your losses from the incident exceed your insurance policy’s coverage limits. At this point, they may help you file your lawsuit and seek economic and non-economic damages.
Per New York law, if you’ve been injured in an auto accident and someone else may be liable, you typically have up to three years from the date you got hurt to sue. Beyond this window, you could lose the right to file a car accident lawsuit against a motorist or other liable parties at a later time.
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The Bottom Line on Whether Your Car Is Considered to Be Totaled if the Airbags Deploy
If your car’s airbags deploy in an accident, you could be dealing with serious injuries, and your vehicle may have suffered substantial damage. After the accident, receive legal guidance and support from a car crash lawyer. While you recover from the incident, your lawyer may help you get compensation for the costs of repairing or replacing your car and other accident losses.
Levine And Wiss has a legal team in place with over 100 years of combined experience. If you are wondering whether your car will be deemed totaled if its airbags deployed in an accident, we’re here to help.
Our personal injury attorneys are committed to justice and focused on you. We may be able to help you file a claim or lawsuit for a car accident and recover damages based on your losses from the incident. To find out more, request a free case consultation.