about the airbag deployment.

[inattika]

you really think so?
I think my insurance is going to rape me for the next 5 years if i claim it =/

[aris]

Well by the sounds of things you don't realy have much a chioce..as you can't keep paying for a car that your not driving IMO

[McGuyver_3]

results are in
srs recorded an accident. Now its my word against the computer.
what a mess. but i was expecting that.
any ideas anyone?

you have been pm'd read that first sorry aristeidis

[aris]

you have been pm'd read that first sorry aristeidis

NO worries Dan

[Mty Mous]

Its been soo long, but I think I recall there was no accident, but just one or two airbags deployed ... right?

So if there was no accident, the outside of the car would not have any damage right? Unless you ran over something on the highway? ,,, but can that be considered an accident with another vehicle?

What I'm trying to ask is, does anyone know if the Insurance company would be as hard on her if its deemed not an accident with another vehicle (due to no visible damage on the outside panels) but possibly that she might've ran over something on the road that triggered the airbag to deploy?
I wonder how the Insurance company handle those ppl that have accidents with deers?

I wish you luck and hopefully it all comes to an end soon and you can carry on with life. Best case scenario would be that the car is deemed a write-off somehow and your car loan\lease is paid off so you can start from a clean slate.
If I was in your shoes, I'm not so sure I'd buy\look at another Mazda again.

[inattika]

Its been soo long, but I think I recall there was no accident, but just one or two airbags deployed ... right?

What I'm trying to ask is, does anyone know if the Insurance company would be as hard on her if its deemed not an accident with another vehicle (due to no visible damage on the outside panels) but possibly that she might've ran over something on the road that triggered the airbag to deploy?
I wonder how the Insurance company handle those ppl that have accidents with deers?

yes there was driver side curtain and side (seat) airbag that deployed, and there was no collision.

Excellent question, what happens when someone hits a deer? Does the insurance go way up?
I found out that I will not know how much my premium will increase unless i file a claim, once i do that there is no going back. Also, when I originally spoke to my broker back in the summer she said that my insurance would double and she encouraged me to file a lawsuit.

[Mty Mous]

yes there was driver side curtain and side (seat) airbag that deployed, and there was no collision.

Excellent question, what happens when someone hits a deer? Does the insurance go way up?
I found out that I will not know how much my premium will increase unless i file a claim, once i do that there is no going back. Also, when I originally spoke to my broker back in the summer she said that my insurance would double and she encouraged me to file a lawsuit.

Well here's the thing tho, if its your first ever accident, don't we have something called the forgiveness claws? Won't you be able to use that? But you can only use that once in your whole lifetime ... and it would suck to use it when it really wasn't even an accident, but if it'll help you from being "raped" by Ins companies for the next 6yrs, I'd gladly use it now.

You got PM btw.

[inattika]

Well here's the thing tho, if its your first ever accident, don't we have something called the forgiveness claws? Won't you be able to use that? But you can only use that once in your whole lifetime ... and it would suck to use it when it really wasn't even an accident, but if it'll help you from being "raped" by Ins companies for the next 6yrs, I'd gladly use it now.

You got PM btw.

Does anyone know if that's true? do we have something like that?? details anyone? pretty please?

[JashiK]

I'm confused... the SRS module said there was an accident. What about the police report? Did it say you were involved in an accident? Usually air bags deploy due to an impact which triggers the sensor, so if your car sustained no impact and the police report doesn't mention anything about an accident, is it not obvious that the SRS unit malfunctioned? What has your lawyer told you?

[inattika]

I'm confused... the SRS module said there was an accident. What about the police report? Did it say you were involved in an accident? Ususally air bags deploy due to an impact and triggered the sensor, so if your car sustained no impact and the police report doesn't mention anything about an accident, is it not obvious that the SRS unit malfunctioned? What has your lawyer told you?

Police report says no accident. there was no accident.
My car doesnt have any scratches or dents.
BUT in 07 i had an incident where i run over something and my windshield bottle was ripped off (there must have been some damage to that part of the udnerbody-that is front passenger side). Mazda claims that I have damage to the front passenger crossmember and that is what caused the airbag deployment on the driver side. They say it cannot be the same damage because there is no rust on the crossmember.

[Mty Mous]

Hold the phone! because there's signs of damage on the PASSENGER's side of the crossmember they think that's what triggered the DRIVER's side airbag sensor?

Hmmm ... I have to look into where exactly they have the driver's side SRS sensor ... just doesn't make sense.

As long as you live in Ontario, I believe you are entitled to this Forgiveness Clause ... I'll see if I can dig something up on it and I'll get back to you on that.
I know that not all Ins companies make this public, but I remember seeing State Farm making a commercial on that feature alone.

[Burner]

I don't see how it matters what the SRS module recorded. If it malfunctioned causing the airbags to deploy, of course it's going to record that there was a collision.

I hope you have a lawyer.

[inattika]

I don't see how it matters what the SRS module recorded. If it malfunctioned causing the airbags to deploy, of course it's going to record that there was a collision.

I hope you have a lawyer.

I agree with what you say. but how can i prove malfunction of a computer, which was designed by mazda, recovered by mazda and interpreted by mazda. No one else in the whole wide world can download the module, only one place in Hiroshima. My chances of winning with this big corporation are not looking too good right now =(

[Burner]

I agree with what you say. but how can i prove malfunction of a computer, which was designed by mazda, recovered by mazda and interpreted by mazda. No one else in the whole wide world can download the module, only one place in Hiroshima. My chances of winning with this big corporation are not looking too good right now =(

I disagree.

If your vehicle is physically undamaged, with the exception of a scraped sub-frame, there is no way the airbags should deploy.

You should really be seeking legal counsel at this point. A good lawyer will have this case settled quickly I think.

[Mty Mous]

I agree about the lawyer part, cause you never wanna go against a big corperation alone, its like taking a knife to a gun fight.

That being said, whenever there's layers involved, NOTHING gets done quickly!

If only Mazda can read what the sensors\modules say, then its gonna be really difficult to dispute it.
Although the fact there is NO visible damage to any outer body panels to indicate an accident really puts a wrench in Mazda's theory.

This here situation is what they call FUBAR!!!

[inattika]

what is crossmember in mazda made from? is it steel?

[Burner]

what is crossmember in mazda made from? is it steel?

As far as I know it's steel.

[jaymurr]

Well here's the thing tho, if its your first ever accident, don't we have something called the forgiveness claws? Won't you be able to use that? But you can only use that once in your whole lifetime ... and it would suck to use it when it really wasn't even an accident, but if it'll help you from being "raped" by Ins companies for the next 6yrs, I'd gladly use it now.

You got PM btw.

I think you have to pay extra for it.

I used mine the day after I bought my Mazda.




Damn fiancee.

[OhAxela]

your still not driving your car?

[MajesticBlueNTO]

yes there was driver side curtain and side (seat) airbag that deployed, and there was no collision.

Excellent question, what happens when someone hits a deer? Does the insurance go way up?
I found out that I will not know how much my premium will increase unless i file a claim, once i do that there is no going back. Also, when I originally spoke to my broker back in the summer she said that my insurance would double and she encouraged me to file a lawsuit.

when you hit the deer, you're at fault

when the deer hits you, you're not at fault

[inattika]

nope.
my car is kind of in pieces.

your still not driving your car?

[JashiK]

Police report says no accident. there was no accident.
My car doesnt have any scratches or dents.
BUT in 07 i had an incident where i run over something and my windshield bottle was ripped off (there must have been some damage to that part of the udnerbody-that is front passenger side). Mazda claims that I have damage to the front passenger crossmember and that is what caused the airbag deployment on the driver side. They say it cannot be the same damage because there is no rust on the crossmember.

So in '07 you had an incident where you ran over something and it ripped off your windshield and Mazda is saying that there is damage to the passenger crossmember. I still don't see how Mazda would have a case. If there is damage to the front passenger crossmember why didn't it cause the passengers side airbag to deploy? From what I can remember you said that your drivers side airbag deployed? I always thought the side airbags went off when there is impact on the side of the vehicle and the corresponding bags would deploy. Something doesn't make sense.

So Mazda is saying the malfunction was caused because of the damage on the passenger crossmember. Where did you get your vehicle repaired in '07?

[kevcol74]

So in '07 you had an incident where you ran over something and it ripped off your windshield and Mazda is saying that there is damage to the passenger crossmember. I still don't see how Mazda would have a case. If there is damage to the front passenger crossmember why didn't it cause the passengers side airbag to deploy? From what I can remember you said that your drivers side airbag deployed? I always thought the side airbags went off when there is impact on the side of the vehicle and the corresponding bags would deploy. Something doesn't make sense.

So Mazda is saying the malfunction was caused because of the damage on the passenger crossmember. Where did you get your vehicle repaired in '07?

Passenger airbag will go off if a passenger is in the car, otherwise its disabled. (seat sensors) And it was the windshield washer reservoir, not the windshield that was ripped off.
I'm just watching to see where this goes. Mazda has a somewhat valid point, that there was previous damage in the area of the sensor. By rights, that sensor should have been replaced after the 07 incident. But, if it was taken to Mazda, and they replaced the washer bottle, but did not suggest or note the air bag sensor (front impact sensor) should be replaced at that time, then they should still be held responsible. Basically after the 07 incident, it was a ticking time bomb.
And OP, the cross member would be stamped steel, welded tubular.

[inattika]

'07 incident was repaired at the mazda dealership. it cost me close to 400$, but no one said anything about sensors then... i just had to leave my car over night cause they didn't have any bottles (or something like that)
ticking bomb ....well that's what one of the engineers told me a while ago. that something might have gotten damaged and it was just a ticking bomb.

[Silv3r]

OP, I thought you lawyer up from the get go on this. I know you are getting great input and ideas on this forum but this is something that might need to take proper legal recourse if you want to get anywhere. I honestly believe there might be a case here on two fronts

1) airbags malfunctioned and deployed with no collision/direct damage to airbag sensor (police report/no evident physical damage to exterior confirmed - unless you're hiding something else!)

2) if previous damage occured around the sensor, taken to a mazda dealership for repairs, mazda disregarded the sensor repairs and did not bother warning or addressing that issue in any way and then that damage is the one that mazda is indicating caused the airbag to deploy this time around, that sounds to me like even a stronger case against Mazda for putting you at danger/disregard for human life as a result of a sub par repair where they are expert in assessing and repairing their own vehicles

Mazda should be accountable here. What recourse have you taken here? Drive up to Mazda HQ of HW 7, blair your horn and don't stop until you get someone from legal to come out and address this. I get off at 5 most days and roll down the 404 just past there, I can join in the horn protest! Maybe throw in the "fix my damn cowl noise (for starters) you bastards!!!!"

Oh and from an insurance perspective, unless collision is confirmed and if you go through insurance, you might be able to claim it under comprehansive (which encompasses anything but collision or upset) - if a police report says air bags deployed/malfunctioned with no collision or other reason to do so, your insurance will be inclined to agree and go comprehansive - what would that mean? liablity/fault concerns out the window, should not have an impact on your rates (not directly, unless you make 50 of these type of claims a year).

To the person who spoke of the deer heating you - not at fault, you heating deer - at fault, refer me to your source?

Collision with an animal by 99.9 % of insurers in Ontario is considering comprehansive. Essentiall,y if a deer is on the road, you should aim for it and not swerve to avoid and end up in a ditch. If you nail it, 0% liability as its a comp loss. If you miss the deer and end up in the ditch, you are 100% at fault as single vehicle loss under your collision coverage. Sucky.

Grey line appears when interpreting police wording amongst different insurers and even adjusters within each insurer. If you hit a deer who is alive and standing, comp, pretty straight forward. If however someone hit that deer earlier and its dead on the ground for a few minutes, you drive into/over it causing front end damage, that might be considered collision with you 100% at fault. At that point deer is dead - makes it an object? Hitting an object on the road puts you 100% liable under collision loss. I would argue against - animal is animal, dead or alive, you can't make the exception when it is dead. What if it died while standing? Like sleep/dead walking? (hey it could happen).

The above points are subject to adjuster and individual insurance interpretation but generally speaking, animal collisions are comp, thats well known. Believe it!.


So yeah.........what's your next move?

Oh yeah in addition, if your insurer handles it under comprehensive, given all the information pertaining to Mazda and potential defect, your insurer might cover your loss and try to subrogate or legally pursue Mazda for damages they pay out for this. I feel there is a good case here for that.