Got into a major accident
#1
![Unhappy](https://acurazine.com/forums/images/icons/icon9.gif)
What's going on everyone? Haven't been on here for a while and just so happens to be I'm posting now because of a major wreck I got into in December.
I was driving home on the freeway from Fullerton, CA on Dec 17th at about 1130PM and I was approaching a freeway junction. I was clipped on the right rear side of my car from what I remember and lost control of the car. Now at the time of impact hitting the center divider, I lost consciousness and woke up in a hospital. I suffered a major burn on my left side from my airbag, a scapular fracture, 2 broken ribs and a broken nose.
According to the police report, I went out of my lane and hit someone on their left front end and lost control. I ended up dragging the car on the center divider and then apparently hit a light pole on that center divider and spun my car out again causing me to stop facing oncoming traffic.
I didn't have insurance coverage at the time of the accident, which lapsed December 6th, so my car wasn't covered and now is a total loss.
My question to everyone here is has anyone here ever been injured by the airbag in their Second Gen TL?
My side airbag had overheated on my seat and burned through my clothes causing major damage to my entire side to where I had to have a skin graft surgery.
I've done a bit of research and there have been some lawsuits against Acura for people who have been injured by their airbags but I thought I would ask on a forum I'm familiar with.
Any input would be great.
Here are some pictures.
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I was driving home on the freeway from Fullerton, CA on Dec 17th at about 1130PM and I was approaching a freeway junction. I was clipped on the right rear side of my car from what I remember and lost control of the car. Now at the time of impact hitting the center divider, I lost consciousness and woke up in a hospital. I suffered a major burn on my left side from my airbag, a scapular fracture, 2 broken ribs and a broken nose.
According to the police report, I went out of my lane and hit someone on their left front end and lost control. I ended up dragging the car on the center divider and then apparently hit a light pole on that center divider and spun my car out again causing me to stop facing oncoming traffic.
I didn't have insurance coverage at the time of the accident, which lapsed December 6th, so my car wasn't covered and now is a total loss.
My question to everyone here is has anyone here ever been injured by the airbag in their Second Gen TL?
My side airbag had overheated on my seat and burned through my clothes causing major damage to my entire side to where I had to have a skin graft surgery.
I've done a bit of research and there have been some lawsuits against Acura for people who have been injured by their airbags but I thought I would ask on a forum I'm familiar with.
Any input would be great.
Here are some pictures.
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Views: 114
Size: 66.1 KB](https://acurazine.com/forums/attachments/car-talk-5/72783d1501435904-got-into-major-accident-10872914_10152882044158605_1212134944416639760_o.jpg)
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#2
Moderator
Well, you're alive, that's a good thing.
But, you didn't have insurance (what were you thinking?), which is a bad thing.
It seems you are looking for insight as to any history of these airbags causing injuries. My opinion - if you think you are going to get a significant $ recovery from a personal injury case on airbags in a 12+ year old car, you are likely to be disappointed. I just don't see that happening.
If the driver who allegedly "clipped" you wasn't caught/cited, I suspect this will be a very difficult case to have progress anywhere. I'd be surprised if the other drivers you hit don't come after you, for that matter.
But, you didn't have insurance (what were you thinking?), which is a bad thing.
It seems you are looking for insight as to any history of these airbags causing injuries. My opinion - if you think you are going to get a significant $ recovery from a personal injury case on airbags in a 12+ year old car, you are likely to be disappointed. I just don't see that happening.
If the driver who allegedly "clipped" you wasn't caught/cited, I suspect this will be a very difficult case to have progress anywhere. I'd be surprised if the other drivers you hit don't come after you, for that matter.
#3
iWhine S/C 6MT TL
iTrader: (1)
Holy fuck man!
Good thing you're alive. Like ttibe said, no insurance.. that's not good.
As far as the airbags ago, it's not uncommon for people to have suffered burns from deployment. Regardless, all that should matter is your alright and will get better.
Good thing you're alive. Like ttibe said, no insurance.. that's not good.
As far as the airbags ago, it's not uncommon for people to have suffered burns from deployment. Regardless, all that should matter is your alright and will get better.
#4
iWhine S/C 6MT TL
iTrader: (1)
A video I saw, about airbag burns. IDK, you could try speaking to a lawyer but no idea if you have a case.
#5
Thanks for the input guys.
Not looking to get any major compensation but an airbag shouldn't do that. They are there to protect us, not harm us.
I'm likely to call Acura anyways to let them know what happened, and if they compensate me in anyway, fine. If not, no big deal. It's not like I can't afford to buy another car.
No insurance kind of screwed me. The other guys insurance company dropped the assumption of liability against me so I'm clear on that end.
Not looking to get any major compensation but an airbag shouldn't do that. They are there to protect us, not harm us.
I'm likely to call Acura anyways to let them know what happened, and if they compensate me in anyway, fine. If not, no big deal. It's not like I can't afford to buy another car.
No insurance kind of screwed me. The other guys insurance company dropped the assumption of liability against me so I'm clear on that end.
#6
Moderator
iTrader: (3)
Holy hell, sorry to see. However, driving without insurance is absolutely stupid. I hope this event makes you rethink driving without it.
Let us know how the possible settlement goes about with airbag.
Let us know how the possible settlement goes about with airbag.
The following 2 users liked this post by CLtotheTL32:
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#7
Chapter Leader (Houston)
iTrader: (7)
Sorry about the incident but I'm happy you're still alive. You said you got clipped but the police report said you went into someone's lane. In the end, who was at fault?
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#8
Stage 1 Audi S5
Yikes, glad to see you are ok and while it sucks that the airbag burned you, looks like it may have still helped, no? Is the car in your garage (what are you planning with it) and why the hell didn't you have insurance? I'm sure you have learned your lesson but I don't understand why people spend money modding their vehicles when they can't afford the basics like insurance.
#9
AZ Community Team
Well, you're alive, that's a good thing.
But, you didn't have insurance (what were you thinking?), which is a bad thing.
It seems you are looking for insight as to any history of these airbags causing injuries. My opinion - if you think you are going to get a significant $ recovery from a personal injury case on airbags in a 12+ year old car, you are likely to be disappointed. I just don't see that happening.
If the driver who allegedly "clipped" you wasn't caught/cited, I suspect this will be a very difficult case to have progress anywhere. I'd be surprised if the other drivers you hit don't come after you, for that matter.
But, you didn't have insurance (what were you thinking?), which is a bad thing.
It seems you are looking for insight as to any history of these airbags causing injuries. My opinion - if you think you are going to get a significant $ recovery from a personal injury case on airbags in a 12+ year old car, you are likely to be disappointed. I just don't see that happening.
If the driver who allegedly "clipped" you wasn't caught/cited, I suspect this will be a very difficult case to have progress anywhere. I'd be surprised if the other drivers you hit don't come after you, for that matter.
![Werd](https://acurazine.com/forums/images/smilies/werd.gif)
Glad your alive but unless the authorities isn't caught your chances are pretty poor in this case. Unfortunate side effect of airbag deployment is the gas generator causing burns. Hope for a full recovery for you.
#10
Senior Moderator
Thanks for the input guys.
Not looking to get any major compensation but an airbag shouldn't do that. They are there to protect us, not harm us.
I'm likely to call Acura anyways to let them know what happened, and if they compensate me in anyway, fine. If not, no big deal. It's not like I can't afford to buy another car.
No insurance kind of screwed me. The other guys insurance company dropped the assumption of liability against me so I'm clear on that end.
Not looking to get any major compensation but an airbag shouldn't do that. They are there to protect us, not harm us.
I'm likely to call Acura anyways to let them know what happened, and if they compensate me in anyway, fine. If not, no big deal. It's not like I can't afford to buy another car.
No insurance kind of screwed me. The other guys insurance company dropped the assumption of liability against me so I'm clear on that end.
Last edited by fsttyms1; 02-09-2015 at 09:00 AM.
#13
Senior Moderator
iTrader: (5)
Yikes... glad you're OK.
PS - if you're thinking of speaking to Acura about compensation, you better have a lawyer call them. You are not going to get anywhere yourself (not that you will get anywhere with a lawyer, but you calling them is not going to result in anything)...
PS - if you're thinking of speaking to Acura about compensation, you better have a lawyer call them. You are not going to get anywhere yourself (not that you will get anywhere with a lawyer, but you calling them is not going to result in anything)...
#14
Chapter Leader (Southern Region)
fuck.. ![ugh](https://acurazine.com/forums/images/smilies/ugh.gif)
You're alive, that's all that matters.
![ugh](https://acurazine.com/forums/images/smilies/ugh.gif)
You're alive, that's all that matters.
#15
Senior Moderator
iTrader: (1)
Any photos of the right rear side where you were clipped?
#16
I drive a Subata.
iTrader: (1)
Good thing you are OK.
You are pretty much effed for not having the insurance. Just forget it. Get an attorney if you really want to pursue this. Obviously we can give you some advice on how to resolve this but it seems like you WILL need a really good attorney to get anything out of this.
You are pretty much effed for not having the insurance. Just forget it. Get an attorney if you really want to pursue this. Obviously we can give you some advice on how to resolve this but it seems like you WILL need a really good attorney to get anything out of this.
#17
Team Owner
You are going to be facing a lot of dramas soon from the city, police, hospitals and others who were involved. Your car is least of your worries right now. But remember, you are alive and everything else will eventually sort them self out.
Driving without insurance is a big no no.. I don't want to get into the crap about how it is required by law but insurance is there to protect yourself. That reason alone is enough to maintain your coverage regardless what kind of financial situation you were in.
Now about the airbag, like everyone said the chance you will get anything from Acura is next to nothing. You are right the airbag is there to protect you and not harm you.
It did just that, it probably saved your life but did some damage in the process. So the fact that you are still posing here proves that the Airbag did its job.
Just hire a reputable auto attorney to help you. You will need it.
Driving without insurance is a big no no.. I don't want to get into the crap about how it is required by law but insurance is there to protect yourself. That reason alone is enough to maintain your coverage regardless what kind of financial situation you were in.
Now about the airbag, like everyone said the chance you will get anything from Acura is next to nothing. You are right the airbag is there to protect you and not harm you.
It did just that, it probably saved your life but did some damage in the process. So the fact that you are still posing here proves that the Airbag did its job.
Just hire a reputable auto attorney to help you. You will need it.
Last edited by oonowindoo; 02-09-2015 at 04:12 PM.
#18
Senior Moderator
iTrader: (1)
Sorry to hear about your accident. Not going to say much about the no insurance thing since everybody else had mentioned it.
I think oonowindoo is right about getting an attorney since there is property damage and police and emergency services. But that will also cost money as well.
as for the airbag thing. i think you should just forget about it and work on getting another car with insurance until the state of california goes after you for the property damage.
Good thing is that you have minor injures, health, and still able to work. So life still goes on otherwise.
I think oonowindoo is right about getting an attorney since there is property damage and police and emergency services. But that will also cost money as well.
as for the airbag thing. i think you should just forget about it and work on getting another car with insurance until the state of california goes after you for the property damage.
Good thing is that you have minor injures, health, and still able to work. So life still goes on otherwise.
#19
I have full medical coverage which covered me completely with no out of pocket expenses.
The other party wasn't injured, luckily.
I just hired an attorney to represent this case and to proceed with Acura. Now just waiting to see what happens. Worst case scenario, I won't get anything. No biggie.
The other party wasn't injured, luckily.
I just hired an attorney to represent this case and to proceed with Acura. Now just waiting to see what happens. Worst case scenario, I won't get anything. No biggie.
#20
Registered but harmless
Join Date: Aug 2005
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Glad medical insurance covered your medical bills, though.
Your 2G TL might have been subject to one of the Takata recalls, which means you're probably a member of at least one class action.
#21
Senior Moderator
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From what I've read the following Acuras are included in the Takata airbag class action.
Acura: 2002–2003 TL; 2002 CL; 2003–2006 MDX
Yours appears to be a 99-01
Acura: 2002–2003 TL; 2002 CL; 2003–2006 MDX
Yours appears to be a 99-01
#22
Turd Polisher
iTrader: (1)
In his signature, says 2003. Grill looks like it's from a 2002-2003.
Thing held up pretty well, a serious accident is exactly what it was.
Thing held up pretty well, a serious accident is exactly what it was.
#24
Fawkatitle.com
Glad ur ok OP, about the Airbag burn its normal a lot of people get Airbag burn, now how hot the Airbag is suppose to get is a different sorry.
The recall I believe is for Airbags not deploying but could be wrong.
If I was Acura and you tried to sue me, my argument would be the car DID what it was MEANT to do, SAVE your life! The Airbag burn is irrelevant in this case (regardless of temperature). Unless of course it created some type of fire... etc. I highly doubt you have a case and any REAL lawyer would save you time wasted.
My opinion anyways as I am no lawyer... lol
The recall I believe is for Airbags not deploying but could be wrong.
If I was Acura and you tried to sue me, my argument would be the car DID what it was MEANT to do, SAVE your life! The Airbag burn is irrelevant in this case (regardless of temperature). Unless of course it created some type of fire... etc. I highly doubt you have a case and any REAL lawyer would save you time wasted.
My opinion anyways as I am no lawyer... lol
#26
Racer
i don't understand what calling Acura will do though.....if i wreck my 88' CRX cause someone hits me im not gonna call Honda...but glad you're ok...and since you did not have insurance you are prob gonna have a hard time getting somewhere on the car thing...but i wish you the best of luck.
#27
Someday, an RS6 Avant+
Glad you are OK. And I echo a lot of what was said. I would be more worried about the bill from the state for road damage (barriers/light poles) and EMS. That will get expensive.
Best of luck and get insured.
Best of luck and get insured.
#28
Your Friendly Canadian
Join Date: Dec 2007
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Wow - that accident looks scary. Glad it wasn't any worse.
The Takata airbag issue is something different - shrapnel is the (known) danger with them, not heat or burns.
I'm interested to hear what ends up happening between you and Acura. Again, glad the accident wasn't any worse.
The Takata airbag issue is something different - shrapnel is the (known) danger with them, not heat or burns.
I'm interested to hear what ends up happening between you and Acura. Again, glad the accident wasn't any worse.
#29
Oliver!!!
Yup, enjoy that bill from the utility company for the light pole. I don't know what we bill, but I know it's not cheap. That said, glad you're alive and recovering. Given how close the accident was to the time of your insurance lapse have you spoken to them about partial coverage or possibly paying the past due to have it reinstated. Not something anyone on the road should be without, I still carry full coverage about 5x the state minimums even though my car's paid off. I want to make sure that if I total a Lambo none of it comes out of my pocket.
#30
Senior Moderator
iTrader: (5)
Wouldn't it be cheaper to just carry the minimum insurance on your car, then add an umbrella policy? Seems like a waste to have that much coverage on the car... especially when the umbrella policy will not only cover you if you total a Lambo, but also covers you in so many other situations outside of your vehicle.
#31
Chapter Leader (Southern Region)
Wouldn't it be cheaper to just carry the minimum insurance on your car, then add an umbrella policy? Seems like a waste to have that much coverage on the car... especially when the umbrella policy will not only cover you if you total a Lambo, but also covers you in so many other situations outside of your vehicle.
The following users liked this post:
litesout (02-11-2015)
#32
Senior Moderator
#33
Moderator
Wouldn't it be cheaper to just carry the minimum insurance on your car, then add an umbrella policy? Seems like a waste to have that much coverage on the car... especially when the umbrella policy will not only cover you if you total a Lambo, but also covers you in so many other situations outside of your vehicle.
The following 2 users liked this post by ttribe:
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#34
Oliver!!!
Hmm, didn't know about this umbrella insurance. Just got a quote off the USAA web site, its quite cheap for a 1M policy. Already have 100/300/100 on the car. I'll have to consider this.
#35
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search NHTSA's website for warnings/recalls/information on your car's air bags. That'd be a great place to start.
#36
Turd Polisher
iTrader: (1)
#37
You are going to be facing a lot of dramas soon from the city, police, hospitals and others who were involved. Your car is least of your worries right now. But remember, you are alive and everything else will eventually sort them self out.
Driving without insurance is a big no no.. I don't want to get into the crap about how it is required by law but insurance is there to protect yourself. That reason alone is enough to maintain your coverage regardless what kind of financial situation you were in.
Now about the airbag, like everyone said the chance you will get anything from Acura is next to nothing. You are right the airbag is there to protect you and not harm you.
It did just that, it probably saved your life but did some damage in the process. So the fact that you are still posing here proves that the Airbag did its job.
Just hire a reputable auto attorney to help you. You will need it.
Driving without insurance is a big no no.. I don't want to get into the crap about how it is required by law but insurance is there to protect yourself. That reason alone is enough to maintain your coverage regardless what kind of financial situation you were in.
Now about the airbag, like everyone said the chance you will get anything from Acura is next to nothing. You are right the airbag is there to protect you and not harm you.
It did just that, it probably saved your life but did some damage in the process. So the fact that you are still posing here proves that the Airbag did its job.
Just hire a reputable auto attorney to help you. You will need it.
Check with your attorney to see if the failure to carry auto insurance will restrict recovery to special damages (medical costs, loss of wages) only, and not permit the recovery of general damages (pain & suffering, emotional distress, etc.).
Glad medical insurance covered your medical bills, though.
Your 2G TL might have been subject to one of the Takata recalls, which means you're probably a member of at least one class action.
Glad medical insurance covered your medical bills, though.
Your 2G TL might have been subject to one of the Takata recalls, which means you're probably a member of at least one class action.
Glad ur ok OP, about the Airbag burn its normal a lot of people get Airbag burn, now how hot the Airbag is suppose to get is a different sorry.
The recall I believe is for Airbags not deploying but could be wrong.
If I was Acura and you tried to sue me, my argument would be the car DID what it was MEANT to do, SAVE your life! The Airbag burn is irrelevant in this case (regardless of temperature). Unless of course it created some type of fire... etc. I highly doubt you have a case and any REAL lawyer would save you time wasted.
My opinion anyways as I am no lawyer... lol
The recall I believe is for Airbags not deploying but could be wrong.
If I was Acura and you tried to sue me, my argument would be the car DID what it was MEANT to do, SAVE your life! The Airbag burn is irrelevant in this case (regardless of temperature). Unless of course it created some type of fire... etc. I highly doubt you have a case and any REAL lawyer would save you time wasted.
My opinion anyways as I am no lawyer... lol
Airbags are meant to reduce the amount injury sustained in an accident. They are not risk free. How you are positioned in the car has a HUGE impact on what injuries you may receive. Also, the recall has been known for a while and to see if it was done on your car visit acura.com and look under recalls and plug in your vin.
I pretty much agree with these guys. In most states driving without insurance = automatically your fault as you should not have been on the road in the first place.
The State of CA WILL come after you for any public property damage. The other insurance companies may come after you for damage suffered by their clients and their property. You will most likely to pay fines and you may loose your DL...for up to 4 years and when you get it back not only do you have to show proof of insurance you have to carry a SR-22 on top of that.
depending upon the costs of everything involved, you might end up facing bankruptcy...
I am not a lawyer and the above information is available on the internet with a quick search...
P.S. I would not trust ANYTHING you were told by an insurance company unless you have written/type signed letter from them saying they are releasing you from liability...
Last edited by YeuEmMaiMai; 02-12-2015 at 01:21 AM.
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