Sueing the **** out of the local Hyundai dealership. Head on at 50 and no airbags!!!!

[Drftpretty]

I have long since sold my 03 Tiburon to buy a more dependable car. This accident was in my girl friends 05 Elantra. I just wasn't sure where to post this.

2 months ago she recieved a notice in the mail from Hyundai of North America notifying her that the passenger airbag weight limit to activate the air bag needs to be reset.

We call the dealer to make an appointment. They never heard of the recall, have no idea what i'm talking about. We call Hyundai of North America, they tell us they will straighten out the dealer. Then 20 minutes later the local dealership calls us back. "Oh that recall" they say, well I take the car in and they preform the recall and a oil change.

Fast forward to sept 19th I was driving my girl friends 05 Elantra to college with her in the passanger seat. Going the posted speed limit, 50 mph. Following the car in front of me about 60 yards behind him. With both of our seat belts on.

I notice a truck stopped in oncoming traffic with his blinker on waiting to make a left. I think noting of it since he waited for the car in front of me before making his turn.

Then about 10 yards from the truck he floors it directly in our path. I know we are going to hit hard. I can either

A. Swerve into oncoming to avoid the truck.
B. Swerve right and hit the 07 BMZ Z4 who was waiting on my right to make a right hand turn after I had passed. Knowing I would hit directly in the BMW's driver side door.
Or. C. Try to squeeze between the truck and the BMW on my right.

I optioned for option C, knowing that it would be the least likely to result in loss of life. (I am a EMT on the side)

I aim the nose of the car, close my eyes, exhale, and hit the brakes. Now my GF had her nose buried in a lab manual studying. I didnt want her to see what was going on so I didnt say anything. I knew if she tensed up she would sustain more injuries.

The truck had no idea what he was doing and I hit him head on around 50mph.

The result:
67 Stiches in my gf's chin from bouncing her face off of the dashboard where the airbag should have came out of. Her cut was all the way down to the mandible. 32 Derma stiches and 67 epidermal.

And a dislocated left Femur. Extremely painful. There are shards of bone in her hip socket and she cannot walk without crying for at least 8 months. And shes a waitress. Finally, she has a cracked knee cap.

My GF is 5'4 110lbs. You would think the airbag would go off. Wouldnt you?

In total: 3 days in the hospital, 99 stiches, broken femur, $27,000 dollars. She missed her best friends bachlorette party. She now cries everyday because of her scar and her leg. She owes 10,400 dollars for the car and was cut a check for $10,600.

My damages:

My airbag did deploy, but DID NOT FILL WITH AIR. It simply fell in my lap. My head went through the windshield up to the brim of the hat I was wearing. My left hand punched through the windshield breaking the hamate and scaphoid bones in my wrist. The seat belt slingshot me back into my seat. Now it gets good, because of my GF's blood curddling screams without thinking I forced her door open to make sure she was stable. Effectiely seperating the broken bones in my wrist. Now I get to have 4 screws put in my wrist bones so that I don't have full blown athritis by the age of 25. I want to sue the **** out of the dealership.

It makes me sick thinking of how I had to wrap my t-shirt around my GF's face while her chin shoots blood and she is screaming in pain. I had to grab her by shoulders and shake her to get her attention in the car. "Can you wiggle your toes?", "Good", "And you have all your body parts attached. You are in shock, you are safe, you will be fine."

Can you picture stradling your significant other to keep them from trying to get up with your right knee on the center console and your left leg outsreched to the gorund outside of the car. All the while they are screaming in your face while you try to stop bleeding from they're chin telling them they are going to be fine? Makes my blood boil.

I was forced to drop out of classes this semester because of upcoming surg. and because of physical therapy 4 days a week. My girl friend is left with no car, 67 stiches on her face, $1500 in the bank and no work for 8 months.

My attoreny does not want to bring the local dealership up in a law suit because hes a pu$$y and says there isn't a case there!

What do you think?
Money is not an object here! The insurance companies are throwing around 6 digit figures but I want the dealer to pay damnit!

[WytchDctr]

was she wearing a seatbelt?

[Drftpretty]

Yes sir. Her windhield is 100% clean. The only marks on the glass are spider cracking from my head going all the way across the whindshield.

[SuperGLS]

You signed up for EXD to post this?

She's not dead and you're not dead, so I think it'll all work out in the end.

[ArunSenior04]

Do you have a case if you run into the back of someone? I thought that was automatic your fault for following too closely.

[BColeman]

Reece, he hit the truck head-on, therefore, there was no rear-ending in this case.

It does seem kind of upsetting to me, because I too should have sued Hyundai for lack of airbag deployment, and I was travelling much faster than 50mph, and I t-boned a girl when she lost control of her car on the highway.

This story here leads credence to my removing the airbags from my car, on MY side of the car. I'm leaving the passenger side in for now, but I have never, and will never, trust Hyundai SRS systems. Seat belts saved lives a long time ago, what has changed in 20 years to make it any different, other than higher speed limits. But this is an argument for another place and time.

And on a note about Super's post, I agree. You joined to share what I feel is quite a dramatic story that will inevitably get you no where with us, unless you are looking for sympathy. No one from Hyundai works here that would matter in your case, unless you want Hyundai Tech advice.

[PILL]

Do you have a case if you run into the back of someone? I thought that was automatic your fault for following too closely.

No, he didn't run into the back of the truck. The truck turned in front of him from the other direction of traffic.

IMO, the truck driver and the dealership are both responsible.

[ArunSenior04]

Gotcha. I was little confused. Back to studying for midterms.

[PILL]

Gotcha. I was little confused. Back to studying for midterms.

No!!! Fail so you can stay with us foeva!

[Paulie]

Airbags do not just fall out of the steering wheel, it filled with air and deflated before you even knew it. She is light enough where she may have been sitting where the airbag would not be activated. My 110 lb wife is always getting the airbag disabled light to flash in her Ford Escape. You were not going 50 if you hit the brakes either...slam the brakes at 50 once and see how fast you decelerate to 30.

[Robert1955]

You can't go after the dealership. They have nothing at all to do with the SRS system. All they did is sell you the car. The person you need to go after is the driver of the truck. You can try to go after Hyundai as the manufacturer but that is a long hard road. Go after the driver of the truck.

[DJ Hellfire]

You can't go after the dealership. They have nothing at all to do with the SRS system. All they did is sell you the car. The person you need to go after is the driver of the truck. You can try to go after Hyundai as the manufacturer but that is a long hard road. Go after the driver of the truck.

Actually, the dealer had just serviced the SRS system. So they are responcible.

[xdforme22]

I'm sorry for what happened and it must have been quite traumatic. However, I hope you didn't join simply to bash Hyundai, that won't go over very well here.

And I agree with DJ. However, at the very least the truck drivers insurance should have covered everything.

[Munky]

**** happens...but you're alive. Be happy for that.

On a side note: If I was stuck in a similar situation, I would have rammed right into the driver's side door of the BMW. If they can afford to spend that much money on a car (with better safety equipment than your car) then they can afford to fix it.

[Whiplash]

The driver of the truck is at fault. First get money from him, then take it to corporate hyundai and sue the dealership for inproper airbag recall.


**** happens...but you're alive. Be happy for that.

On a side note: If I was stuck in a similar situation, I would have rammed right into the driver's side door of the BMW. If they can afford to spend that much money on a car (with better safety equipment than your car) then they can afford to fix it.

So just because someone has a better car then you, you would ram into them instead of trying to make least damage and least chance of injury?

[wazntme]

1. guys chill a bit, he's been through a tramatic experience, and he posted here, why the harshness.. granted he joined to bash hundai, but we are more than a hundai board at this point we are a hundai community, good and bad..

2 . i woulden't call him a liar about the speeds.. thats retarded.. you have no idea how close he was no idea on his reaction time.. no idea if the truck moved foward or any of that.. i don't appreciate being called a liar and i doubt he does either

3. do what you can ... use the lawers at your disposal, get what you can.. but don't go crazy and oversue...
g'night

[Munky]

So just because someone has a better car then you, you would ram into them instead of trying to make least damage and least chance of injury?

Yes, I would. If I had a choice to go head on and suffer as much damage as him, or go into the door of another car with a lot LESS damage, I would do it in a heartbeat.

[Whiplash]

You didnt say anything about damage...you just said you would do it because of the car.

[tharptroy]

You were not going 50 if you hit the brakes either...slam the brakes at 50 once and see how fast you decelerate to 30.

here goes, at 50mph, you're traveling roughly 75f/s...so if the 10 yards guestimate is right, he had 0.5 seconds to react and stop before hitting the truck...even if he was good he wouldnt have gotten that much stopping done.

[2002 GLS]

**** happens...but you're alive. Be happy for that.

On a side note: If I was stuck in a similar situation, I would have rammed right into the driver's side door of the BMW. If they can afford to spend that much money on a car (with better safety equipment than your car) then they can afford to fix it.

I would of done the same thing. ^^^^^

[WytchDctr]

pictures? How bad was this car off that people made contact with the windshield/dashboard. The seatbelt is suppose to stop you from slamming into things, the air bag helps to prevent whiplash.

[hyunelan2]

Airbags not deploying is a broken record. There's probably a dozen stories here where the airbag didn't go off. It's not Hyundai "bashing," it's Hyundai "stating the facts."

As for his targeting the dealer, it's justified IMO. He went in for the airbag recall or TSB (the one where the sensor on the passenger seat is not sensitive enough) and the dealer failed to perform the work to fix it. The suit would allege the dealer is at fault because the airbag would have deployed had they performed the work. That's up for them to battle out in court with case studies and lots of research.

Sorry for the crash... get lots of money from the driver at fault. The driver's airbag had to deploy... without filling with air it would not have come out of the wheel. They do not hold air and stay full like a balloon. They fill rapidly *poof* and the air is released.

[wfd59]

Sorry for what has happened , 50 mph nose to nose is nasty but as an emt/paramedic you must know that though the injuries are bad , they could have been much worse.

Its never fun when its someone you know or love that you are having to treat, I have cut too many people out of cars after headons at highway speed before air bags and after, its never nice. Human body is just not made to stop from that speed in 10-18 inches depending on how far the body of the car deforms to absorb the impact.

But I will say that elantras that I have dealt with the occupants have done well , much better than some other what are said to be safer cars, my least favorite to see at an mva is pontiac Grand Am. Have not had good experiences with them , very hard on passengers.

As for leagal action against the dealership you will have to prove that they were negligent in what they did when performing the tsb, you may win , you may not. But the driver of the truck is totally on the hook for what happened to you and your lady, take him and his insurance company to the wall.

my 2 cents

wfd59

[Gman]

Sorry for the wreck, hope the wounds heal ok. Going after the dealership would be a hard one to win. You would have to prove they didn't complete the service you brought the car in for.

Goodluck - hope everything works out for you and your girl.

[Keyan]

Yo dude, I've seen your posts on TST and newtib in the past. You are def. a good guy. If there was something I could do, I would.

:( :( :(

[BobMs_wht2k2]

Sorry, call me harsh. Call me an azz. But it's time to stop the "I got hurt now I'm gonna get rich and sue someone's azz off" bullchit. Things happen. You're alive. THe driver of the truck's insurance is going to pay for it (if not, THEN sue the ins company because that IS their responsibility), the car is gone and paid off. Suing someone just to sue is rediculous IMO. It's petty. It's selfish and all it does is raise costs on EVERYTHING associated with is (ins rates, car prices, dealership rates, dealership ins, costs of services etc).

[Keyan]

Sorry, call me harsh. Call me an azz. But it's time to stop the "I got hurt now I'm gonna get rich and sue someone's azz off" bullchit. Things happen. You're alive. THe driver of the truck's insurance is going to pay for it (if not, THEN sue the ins company because that IS their responsibility), the car is gone and paid off. Suing someone just to sue is rediculous IMO. It's petty. It's selfish and all it does is raise costs on EVERYTHING associated with is (ins rates, car prices, dealership rates, dealership ins, costs of services etc).



Did you read the part of the main post where he has had the airbag recall performed and yet, with someone in the passenger seat sitting correctly with ther seatbelt on, the drivers side airbag deployed but the passenger side did not? And the injuries sustained on the passenger was worse than if the airbag had deployed? They were lulled into a false sense of security by the dealer "completeing" the recall. If I remember correctly, the class action suit defined that you could get it reprogrammed more than once, if the last ones didn't "take" for the size passenger that is usually sitting in the passenger seat. The SRS system is designed to deploy airbags depending on the type of collision. If it's a frontal collision, front airbags deploy. If its a side, depending on which side, the apporopriate side airbags deploy. If one of the front airbags didn't go off with the other, something probably went wrong. (I say probably because the 04+ elantras had seat rail sensors in them to detect how far forward the seat was and would deploy the airbags in "stages" as to not punch the person in the face with the bag)

Dunno, sounds like you missed reading that by the context of your post, Bob.

[BobMs_wht2k2]

Nope, I read it. Frankly it's a pisspoor excuse to tie up our courts if everything is already being paid by the neglegent driver.

I personally am SICK AND TIRED of frivolous lawsuits and suing a dealership for something that they most likely have nothing to do with is F-R-I-V-O-L-O-U-S.

[hyunelan2]

Bob, we know where you're coming from and the likelihood that you'll defend the dealer here. I don't see this one as frivolous (the woman suing the crib maker after the cribs were recalled because her baby "could have" been hurt - that's frivolous). In this instance there is an occurrence where the dealer was negligent (needs to be proven in court if they were) and should be held accountible.

[xdforme22]

i woulden't call him a liar about the speeds.. thats retarded.. you have no idea how close he was no idea on his reaction time.. no idea if the truck moved foward or any of that.. i don't appreciate being called a liar and i doubt he does either


I agree. The variation probably doesn't matter that much, and whatever speed it was was enough to do significant damage. That's all that really matters.

Also, like everyone said, the Driver's co. should be paying out thier hole for everything.

[BobMs_wht2k2]

Where was the dealer negligent? Have we seen the proof that the work they performed was what caused the failure? Was it just the way the passenger was sitting in the seat (remember "nose buired in her laptop") that would just not trigger the sensor? Was it just a defective bag? Was it a defective controller? Was the car in an accident before and the airbags not reinstalled correctly?

Look, I don't give a crap about the dealer. But I have YET to see one shred of real evidence that says they are at fault. Considering all of their bills WILL BE PAID by the negligent driver, they are only looking for money at this time. It is not money needed to pay the bills caused by the accident. Just money. That to me defines frivolous.

Don't be naive in your thoughts thinking that this is because of my job. This has EVERYTHING to do with the fact that this country has turned into a sue-happy gimme gimme gimme society.

Also keep in mind that he was on his brakes (nose-dive) hitting a taller vehicle. The passenger side sensor in the front of the car may have avoided the impact, telling the SRS control unit it was unneccessary to deploy the passenger bag.

Folks, we have ONE PERSON'S OPINION of the situation. Not exactly an unbiased view at that.

[Munky]

This has EVERYTHING to do with the fact that this country has turned into a sue-happy gimme gimme gimme society.

Ain't that the truth.

http://en.wikipedia.org/wiki/McDonald's_coffee_case - Woman sues for burning herself with McDonalds coffee

http://promomagazine.com/news/monopoly0602/ - Husband wins $1 million in Monopoly game, they only pay 3 payments of $50,000. "Warwick is seeking $850,000 and an additional $1.3 million in damages and lawyer's fees, according to the lawsuit. "

http://en.wikipedia.org/wiki/Taco_Bell - "A lawsuit filed in 1998 by Joseph Shields and Thomas Rinks alleged Taco Bell failed to pay them for use of the Chihuahua character they created. The men alleged that Taco Bell had breached payment on a contract after they worked with the restaurant chain for a year to develop the talking Chihuahua for use in marketing. The talking Chihuahua became a hit with the first advertisement, in which the character bypasses a female Chihuahua for a Taco Bell taco and declares: "Yo quiero Taco Bell." Taco Bell said it would appeal the verdict. The two men received $30.1 million, plus an addition of $11.4 million in interest."

And my personal favorite - http://www.the-injury-lawyer-directory.com/ridiculous_lawsuits.html



Not to go too far off topic, but I agree with Bob. Their hospital bills are taken care of, now they're just being greedy.

[BobMs_wht2k2]

I know my view isgoing to be very unpopular here, but what's new.

Bills are paid. Negligent driver has paid for it. Anything else is pure greed.

[hyunelan2]

It's called "punitive" damages - put in place to be a punishment for f-ing up. As I said, it will be for the courts to figure out if they failed to perform the work and if that was the cause of the airbag not deploying.

As for everything being paid for - he said they're only getting $200 more than the payoff. That's not going very far into buying another car.

This is an instance where someone actually was negligent (if they are proven to be), not somebody dumping coffee on their lap and suing because it was hot. Just because some lawsuits are dumb, doesn't mean all of them are.

Munky - I don't know the case in depth, but if Taco Bell failed to pay someone, and it was a breach of contract, that's definately a legitimate lawsuit. I'm guessing you're saying the "interest" amount is what is ridiculous? Take $30m and MODERATELY invest it for a 10% return. Look how quickly you'd make up that $11m (less than 5 years, which is what it probably took from start to finish).

[Silentwolf]

I'm with Bob on this. Too many sue happy *****es now days. If bills and lost wages plus a lil are covered, and your alive. Be happy. Get all you can out of the neglegent driver.

[NovaResource]

I know my view isgoing to be very unpopular here, but what's new.

Bills are paid. Negligent driver has paid for it. Anything else is pure greed.

Sorry to those injured but I agree as well. Sue the other driver at fault and be done with it.

[BobMs_wht2k2]

As for everything being paid for - he said they're only getting $200 more than the payoff. That's not going very far into buying another car.

OK, they owed on the car that crashed. So it's paid off. Why should ANYONE expect a free car? That's not how insurance works and you know that.

[Munky]

It's called "punitive" damages - put in place to be a punishment for f-ing up. As I said, it will be for the courts to figure out if they failed to perform the work and if that was the cause of the airbag not deploying.

As for everything being paid for - he said they're only getting $200 more than the payoff. That's not going very far into buying another car.

This is an instance where someone actually was negligent (if they are proven to be), not somebody dumping coffee on their lap and suing because it was hot. Just because some lawsuits are dumb, doesn't mean all of them are.

Munky - I don't know the case in depth, but if Taco Bell failed to pay someone, and it was a breach of contract, that's definately a legitimate lawsuit.

True. I just googled "ridiculous lawsuits" and that was one of them. ;)

Even so, if it was a legitimate lawsuit, who the hell needs 30+ million dollars? Seriously. That's still a bit greedy in my eyes.

[NY2002ElantraGT]

Sorry, call me harsh. Call me an azz. But it's time to stop the "I got hurt now I'm gonna get rich and sue someone's azz off" bullchit. Things happen. You're alive. THe driver of the truck's insurance is going to pay for it (if not, THEN sue the ins company because that IS their responsibility), the car is gone and paid off. Suing someone just to sue is rediculous IMO. It's petty. It's selfish and all it does is raise costs on EVERYTHING associated with is (ins rates, car prices, dealership rates, dealership ins, costs of services etc).




Bob.... YOUR AN A$$HOLE! i feel for you man. You have every right to sue for damages and injuries. if your out of work for however long that is understandable too. The truck driver and Dealer are responsible. as for sueing for more than that i dont believe in that.

and its not like he bought coffee from McDonalds and spilled it on himself. then sued cuz it didnt say on the cup that the coffee was hot.

I hit a telephone pole with no seatbelt, both driver steering wheels and side airbags blew and saved my life.

my heart goes out to you and your girlfriend. best of luck with everything. and dont listen to Bob, he's being a dick

[hyunelan2]

Even so, if it was a legitimate lawsuit, who the hell needs 30+ million dollars? Seriously. That's still a bit greedy in my eyes.

$30m is probably what the advertising contract specified. If you're a company running an ad campaign, I'm sure $30m goes pretty-quick. Even if that is just what the "guys" got on top, that's $15m each, minus taxes.

[BobMs_wht2k2]

Bob.... YOUR AN A$$HOLE! . . . .and dont listen to Bob, he's being a dick

You can call me names all you want, I really could care less personally. If you're too blind, or too naive to even CONSIDER another side of the argument then aI really feel for you as you start to deal with the world. I also feel for the entire country because you'll probably vote for Hillary. . .

Has the car been checked out to see what happened and what caused the airbag to not deploy? If not, then all we have are GUESSES and OPINIONS.

[hyunelan2]

Has the car been checked out to see what happened and what caused the airbag to not deploy? If not, then all we have are GUESSES and OPINIONS.

Right, it's up to the crash investigators, and the courts to decide why that airbag didn't go off, and who's at fault. Was it a manufacturing defect (Hyundai at fault), a bad service performed (Dealer at fault), did it perform under specified tolerances (no-one at fault).

What this whole thing is saying is that if the dealer failed to perform the service correctly, and that is the reason the airbag didn't deploy = dealer at fault.



Since we can't have a discussion witout Bob bringing politics into it: Obama '08

[Munky]

Stanhope in '08 : Drunk with power!

[BobMs_wht2k2]

Since we can't have a discussion witout Bob bringing politics into it: Obama '08

Dude, can't you read? It's:



Bob.... YOUR AN A$$HOLE! . . . .and dont listen to Bob, he's being a dick

DUH!

[hyunelan2]

I fail to see the connection with Hillary Clinton?

[PSUsouthpaw]

I fail to see the connection with Hillary Clinton?

Same here. If Ralph Nader had been mentioned, it might have made a little more sense...

[saturn]

I also agree, suing the dealer just because you're hurt and pissed off isn't going to accomplish anything.

my girlfriend t-boned a guy running a red light in her VW beetle. the side curtain airbag went off but nothing else. know why? the SRS system didn't deploy the bag.

just because you hit something doesn't mean the bag will or should go off. I'm sorry your girlfriend was hurt but it most likely was not the dealer's fault.

who was cited in the accident? if it was the truck driver, then his insurance co. will pay. if they don't pay what you want, negotiate with them. you deserve the value of the car if it was totaled, plus any medical damages (it depends on the laws of your state). you may also be able to claim the laptop since I'm assuming it got busted up since your girlfriend was using it while riding in the car.

there is no need to sue anybody. if you sue, it'll be a civil case, and you'll have the burden to prove the dealer was negligent, and something they did caused the bag to not deploy. your bag coming out of the steering wheel means it deployed properly. bags can't just fall out, it's impossible. you probably just don't remember it.

so, if a lawyer told you that you don't have a case, chances are they are right. don't waste your money.

on a side note, your accident sounds confusing as crap. I've only ever been in one accident. it was someone cutting me off and I t-boned them, and ended up swerving to the opposite side of the road into a ditch.

however, I've been in countless almost-accidents that were usually caused by either me being stupid or someone else being stupid... speeding, cutting in and out of traffic, not paying attention, etc.

your story sounds like you were on a 2 or 3 lane (per-side) road, 35-50 MPH speed limit, following too close... OR speeding and cutting in and out of traffic... you cut left or right around someone (in a larger car or truck obstructing view) without enough time to notice a left-turning truck coming the opposite direction, OR going too fast for the truck to have time to notice you coming out from behind someone. sounds like (1) you were speeding/following too close and (2) the truck wasn't paying enough attention and was trying to beat on-coming traffic to make a left turn.

was this in an intersection?

if you ask me, both of you are at fault. but I wasn't there. maybe if you explained it better I'd feel sorrier for you. sorry! I hope you both get better and learn from the experience.

[Pete03GLS]

thats ****in terrible dude.. glad to hear ur both alive! dont let them get away with this.

[NY2002ElantraGT]

You can call me names all you want, I really could care less personally. If you're too blind, or too naive to even CONSIDER another side of the argument then aI really feel for you as you start to deal with the world. I also feel for the entire country because you'll probably vote for Hillary. . .

Has the car been checked out to see what happened and what caused the airbag to not deploy? If not, then all we have are GUESSES and OPINIONS.

It has nothing to do with your arguement. I agree it is all opinons right now, i dont agree with the way you go about things. there are certain ways to convey your point and you always are a prick about it. you could have gotten your point away without big a prick, but we all know that will never happen. and im from NY, you think i would want Hillary to run the country? im sexist and hope there is never a female president! haha

[BobMs_wht2k2]

Don't get your panties in a bunch. I don't sugar coat chit for the kiddies. If they can't learn like adults without being babysat, I can't help you.

[ArunSenior04]

To the person that mentioned the McDonalds case of hot coffee, there is alot more to that case than what was put in the media. The coffee was confirmed to be dangerously hot (~10-20 degrees below the boiling point of water; hot enough to cause 3rd degree burns.) McDonalds had previously been to court about this, but they had paid ppl off and had not changed their ways. The lady who spilled it on herself, had to get skin grafted because the burns were so severe.

The court realized that the lady was partial to blame. The fact that McDonalds knew it super hot, and did nothing but pay ppls claims, is why she was granted such a large amount.

[wazntme]

1. read the ****ing story
2. what ****ing laptop? WHERE IN THAT STORY IS THERE A LAPTOP?
3. He got cut off by a truck... it turned in front of him... how is everyone telling him he was following too close... jesus.. can't there just be an accident that is someone else's fault?

one hell of a supportive community we have here

[BobMs_wht2k2]

Pardon me, "Lab manual". . .

[rusto85]

In total: 3 days in the hospital, 99 stiches, broken femur, $27,000 dollars. She missed her best friends bachlorette party. She now cries everyday because of her scar and her leg. She owes 10,400 dollars for the car and was cut a check for $10,600.

Money is not an object here! The insurance companies are throwing around 6 digit figures but I want the dealer to pay damnit!

So if money is not an issue and all the money can cover the 8 months she's off, her hospital bills, the car. Why go and sue the dealership when all that you'll end up doing if you win is living probably quite a few persons without a job....not just the one's that were involved doing the recall, but some others too. You can go and sue them and make a point that they needed to do a good job. But you never know if what they did was what caused the airbag to not go off. That's something the investigation will have to prove.

[punkrocker3_00]

Ok, I guess I should chime in on this too. First off, sorry about your accident and I wish both you and your girlfriend a speedy recovery. What doesn't kill you makes you stronger.

Ok, onto the rest of the story. Sueing the dealership is pointless unless you can prove they didn't do the job or didn't do the job correctly. They got the replacement part from Hyundai and more than likely followed Hyundai's instructions on how to fix. More than likely the dealership did what they were instructed to do and they are no longer a fault. As many have said, you will have to prove they knowingly didn't do something correctly and purposely for them to be liable.

You could have a case againist Hyundai for not supplying a proper working part or having a correct fix for the problem. As for the air bags not going off, there is no guarntee that the system will work. The car and system is possibly now 3 years old. Anything could have happened to anything in the system for it not to work now.

In the end you now have a great case againist the insurance company of the guy that you ran into, you made $200 on a car that is totaled, and you have your lives. Consider yourself lucky and wait till you get that money from the insurance company. But also keep in mind, it was an accident. Accidents happen. I would only be really angry if this was done on purpose.

[BobMs_wht2k2]

But also keep in mind, it was an accident. Accidents happen. I would only be really angry if this was done on purpose.

Best comment of the entire thread. :thumbsup:

[xdforme22]

I completely agree^ While it stinks, its life.

[BobMs_wht2k2]

And things could have been a LOT worse.

[saturn]

yeah you could be identifying a bucket of your girlfriend instead of having the insurance pay her medical bills for some stitches. be glad the seat belts worked.

[Whiplash]

Well hes alive and the airbags didnt help.

[BobMs_wht2k2]

So he says. Let the investigators look at it and go from there.

This is my problem with the whole of society. We hear one lopsided story and millions of people jump on the band wagon, believing it's the gospel and there is NO other possible answer. What happened to figuring things out on your own? Getting both sides of a story? Taking things with a grain of salt and realizing that this is one persons opinion of things?

[CornbreadXD]

sorry about your accident, i was in one too but mine is complicated because some of my stuff was stolen from my car, they didn't want to give me a fair value, and my injuries have affected my job and school. irresponsible people suck PERIOD!
My airbag deployed and hit hard but it was kinda instantaneous. it deflates right after it busts through the wheel. I was driving about 30mph and had time to brake but i was in a lowered car into a higher suv.
Bob, i don't want to sue for millions for the accident i was in i just want my car back to the way it was, even though my back is f'd up right now i would just like that to be back to normal. i would also like the impound to where my stuff was stolen to be burned to the ground.
I feel what your saying though bob because someone told me "Dave since you have a lawyer you can probly join a BMW club and leave the hyundai one" People like that are the ones that are sue happy!

[03GT]

So he says. Let the investigators look at it and go from there.

This is my problem with the whole of society. We hear one lopsided story and millions of people jump on the band wagon, believing it's the gospel and there is NO other possible answer. What happened to figuring things out on your own? Getting both sides of a story? Taking things with a grain of salt and realizing that this is one persons opinion of things?

Ditto. It's always gotta be somebody else's fault and how can I sue them in to oblivion. Sure the truck shouldn't have pulled out I don't think anybody would argue that. But, from what I remember of the story he was following the car in front of him too close. I don't recall any mention of slamming on the brakes.

I had a similar situation years back with my 99 cougar. It february I was driving to work on a cool dry day, I was going 60 mph on the highway. The truck in front of me had a dead christmas tree fly out of it right in front of me. I hit the brakes and swerved. Some how the car pitched in to a slide and I was headed in to the right lane which would make me t-bone a van full of kids. I jerked the wheel the other way knowning full well I was going to go right in to a concrete barrier. I missed the barrier by about a foot and came to a stop sideways in the "fast lane" with the drivers door facing on comming traffic. After a quick glance I slammed the car in reverse and floored it to get off the highway and in to a weeded field. It all worked out ok. I wasn't hurt, nobody else got hurt and after a few minutes I headed to work.

Two weeks later the cougar was recalled for a faulty part in the right rear wheel (the direction I swerved) which could cause the wheel to lock up under hard braking.

The thought of suing never even entered my mind. It's just not something I would do unless I knew for a fact that the person I was suing was intentionally being neglegent.

[saturn]

funny you mention that

one time a cougar swerved in front of me and almost hit me head-on for NO reason

the girl said the car just randomly lost control while she was slowing down

[slow 2K2GT]

Fastest growing thread ever.

Sorry for your misfortune dude, **** happens sometimes to good people. Ive had an airbag deploy in my face once and I was left with 13 months of whiplash aftermath. I also drove a 26 ton Armored vehicle hit a 4 foot ditch at 50km/h, instant stop so I know your pain.

Good luck with your ventures thats for sure...just one question are you one hand typing your posts?

[alienman]

I thought in the first post the guy said he chose to try to squeeze between the truck and the BMW. From reading the first post I would imagine his decision to do that was to try to prevent injuries to the BMW driver and maybe have a chance of avoiding an accident all together.

Either way its a crappy deal the air bags didn't deploy properly. And best wishes for a speedy recovery for you and your gf.

[Drftpretty]

Ok, let me first say this. I was looking for the opionated responses I am getting.

Secondly, I should have stated earlier.

The road was 2 lanes. 1 North bound, 1 South bound. My lane of traffic and the trucks lane of traffic did not have turn off lanes. Just the shoulder.

The truck was stopped IN THE NORTH BOUND LANE WAITING TO TURN. Neither I nor him had a stop sign. The BMW was the only one who had a stop sign.

I was not weaving in and out of traffic. I literally was 0% at fault. In fact, the other driver already admitted being at fault 100%.

I am not sure how my girl friend studying her paperback book has anything to do with the subject. The point is she was occupied and didnt have time to tense up before the accident which would have made her injuries even worse.

Also, I clearly state I would rather have Hyundai pay me for the injuries and damages rather than the other driver. We were in a false state of security thanks to the FALSE CLAIMS of Hyundai. Hence, I wish to have them compensate for injuries sustained because of their faulty goods.

I am not sure who I need to pursue in court. The dealership or Hyundai corporate. That is why I posted here. I figured some of you guys would be familuar with the SRS recall seeing as this is a ELANTRA forum.

Another thing, my girl friend and I will not be compensated for our injuries for many years to come. Our case depends on the long term effects of our injures. For the mean time my girl friend is left with about $1,500 in the bank, 8 months out of work, collections departments calling for money which she will not recieve for YEARS. Its a little hard for me to relay how hard my BEAUTIFUL girl friend is taking the 5 inch long scar across her chin. It wouldnt seem like a big deal for a guy but I assure you, you would understand if you could be with her.

I would say that is grounds for us wanting to use the PARTY(S) at fault.

Lastly, I am glad with my decision to try and squeeze between the truck and the BMW. Oncoming traffic would have been certain death and HITTING AN INNOCENT WITNESS IN HER DOOR JUST BECAUSE SHE HAS A EXPENSIVE AND SUPPOSEDLY SAFER CAR IS INSANE.

[Drftpretty]

Thank you for all of your kind words and advice!

I urge you to ask you wife/Girl friend/mom how they would react to a 5 inch long scar on their face and if they could put a price tag on their youth. :rolleyes:

Keep the advice coming!

[07EDH]

I think most of you (BOB specifically) are missing the big picture.

How would you feel if your air bag did not deploy in an accident where a dealer tech had just serviced your SRS system? And replaced a part that would make the difference between the passenger airbag deploying or not. The dealer may not have replaced the part at all. It does happen more often than you think.

Drivers and passengers airbags are designed to deploy in front end crashes over a set threshold. If a crash is sufficient to deploy the drivers side the passengers side bag should deploy. If the passenger is of sufficient weight to activate the system. A 110 LB person is an adult and should have activated the system.

The reason why people sue is to get the truth and be compensated for things like pain and time. It appears to me this guy is due compensation for both. I'm not saying sue for 7.8 mill. But the GF has pain when she walks and had the airbag deployed she may not!
Al you vultures that are willing to jump all over Drftpretty for trying to get some compensation for being hurt. You should try being in a major accident.

The insurance companies don't always make it easy to get your bills paid. Back in 2003 i was T-boned by a city bus 100% his fault, police cited bus driver for failing to stop etc... my knee cap was split, cartilage damage, tib/fib fracture. I have had 4 operations since, $65,000 in medical bills, $9,000 in missed work, I walk with a cane and I have pain every day. So far the insurance company has paid out $20,000 I have been to court 6 times and given a dozen depositions. So don't be to quick to say it will be alright the insurance company will handle it. Because you are left in pain with bills.

Even if he caused the accident and admitted to it. Both airbags should have deployed. and they did not.

THIS MAY HAPPEN TO YOU!

Do a search on Hyundai airbag class action lawsuit. You will get quite a few hits.

[QuickSilverGT]

You would actually pretty much sue everyone. The driver of the truck for negligence, the dealership for negligence, and Hyundai itself for products liability. Why not make you pot as big as possible. The driver likely has insurance, and the dealership and Hyundai are both loaded. Sue them all, get your judgment against them all, collect from whoever you'd like, and let them work it out amongst themselves. Shoot, unless Hyundai makes there own airbags, you could likely bring the maker of the actual airbags in too.

Just remember if you get an attorney and he settles the case, you give him 1/3. If it actually goes to trial, it usually goes to 40% that the attorney gets. Just something to consider as well. Additionally, both you and your girlfriend could sue individually. Most attorneys would tell you to get to a psychiatrist as soon as possible. Start establishing the pain and suffering. You'd be able to testify as to how much it hurts, but professionals always make things more persuasive.

[tharptroy]

wow man, thread ressurection to the max!

[QuickSilverGT]

Ops... for some reason it come up as a new thread to me... oh well, hopefully he's a rich mofo now. Just trying to share the few things I've learned in law school thus far.

[Jpac175]

**** happens...but you're alive. Be happy for that.

On a side note: If I was stuck in a similar situation, I would have rammed right into the driver's side door of the BMW. If they can afford to spend that much money on a car (with better safety equipment than your car) then they can afford to fix it.

^^^Yea thats what i would have done. and holy **** this is an old thread!!

[judys01GT]

came up as a new thread for me too, hope the case got settled quickly

[Vampyrate]

stop posting here! it will confuse bob and he will start posting all over again!

[SuperGLS]

came up as a new thread for me too, hope the case got settled quickly

It came up for a new thread for you because these other guys posted in it.

Quicksilver must have been smoking something for him to think he saw it as a new post.