Faulty Vehicle and Airbag Claims
If a defect in a vehicle, such as failed brakes, steering, tyres or an airbag that deployed wrongly or not at all, caused or worsened your injuries, you may claim against the manufacturer under the Consumer Protection Act 1987, alongside any claim against a negligent driver or repairer.
Defect or Driver Error?
Direct Answer: Most road accidents are caused by human error, but where a component failed unexpectedly or a safety system did not work as it should, the manufacturer may be responsible alongside or instead of a driver.
Engineering experts examine the vehicle and its data recorders to determine whether a defect caused or contributed to the crash or the severity of injuries. It is important the vehicle is not scrapped, repaired or sold before it can be inspected. If the vehicle has been recovered by an insurer, write immediately asking that it be preserved.
Airbags
Airbag claims can arise where an airbag failed to deploy in a crash where it should have, deployed with excessive force or debris, or inflated when it should not. Because airbag failures are often subject to recalls, checking whether your vehicle was subject to a safety recall is useful evidence of a known defect.
Other Possible Defendants
A garage that carried out negligent repairs or servicing, a seller who supplied a vehicle that was not of satisfactory quality, or a driver who caused the crash may also be liable. A road traffic claim against the at-fault driver's insurer is often the main route, with a product claim added where a defect made things worse.
Frequently Asked Questions
Can I claim if my airbag didn't go off?
What if there was a safety recall?
Should I keep the vehicle?
Can I still claim against the other driver?
What if a garage's repair failed?
Do I have to prove the manufacturer was negligent?
How long do I have to bring a defective product claim?
You May Also Be Interested In
Product Liability
The full product liability overview
Read moreConsumer Protection Act 1987 Claims
Strict liability for defective products
Read moreRoad Traffic Accidents
RTA claims generally
Read moreBattery Fire & Electrical Product Claims
E-bikes, vapes, chargers and appliances
Read moreWhat Is No Win No Fee?
How CFAs work in England and Wales
Read moreMore guides on this topic
Where this applies: This page covers England and Wales. The rules in Scotland and Northern Ireland are different.
Sources for this page
Every rule stated above is based on the primary sources below. Each link goes to the legislation, court rule or regulator itself so you can check it. Last verified 18 September 2026.
- Courts and Legal Services Act 1990, s.58 (conditional fee agreements)
The provision that makes CFAs lawful and enforceable. CFAs derive from this section, not from LASPO.
- Conditional Fee Agreements Order 2013, arts. 4–5 · in force from 1 April 2013
Art. 4 caps the success fee at 100% of base costs. Art. 5 caps what may be taken from damages in personal injury at 25% of PSLA plus past pecuniary loss, net of CRU, at first instance.
- Civil Procedure Rules, Part 44 (incl. rr.44.13–44.17, QOCS)
Qualified one-way costs shifting and its exceptions. Rule 44.14 was amended with effect from 6 April 2023.
- Limitation Act 1980, s.11 (personal injury actions)
Three years from the date of the accident or the date of knowledge. Property damage such as a damaged vehicle is a separate claim with a longer six-year period under s.2.
- Limitation Act 1980, s.14 (date of knowledge)
The three-year period can run from the 'date of knowledge': when you first knew the injury was significant and attributable to the act or omission alleged to be negligent. Central in delayed-diagnosis cases.
- Limitation Act 1980, s.11A (actions in respect of defective products)
Three years from damage or date of knowledge, but the right to sue a producer is extinguished ten years after the product was put into circulation, even if injury only appears later.
- Consumer Protection Act 1987, Part I (product liability)
A producer, own-brander or importer is strictly liable, without proof of negligence, for damage caused wholly or partly by a defect in a product. A product is defective if its safety is not such as persons generally are entitled to expect. Defences include the state of scientific and technical knowledge at the time (s.4(1)(e)).
- General Product Safety Regulations 2005 (SI 2005/1803)
Requires consumer products placed on the market to be safe and requires producers and distributors to take action, including recalls, where a product is found to be dangerous.
- GOV.UK — Product safety alerts, reports and recalls
Official list of product safety alerts and recalls, useful for checking whether a product was already known to be dangerous.
Who wrote and checked this page
- Written and published by
- Edward & Amaury Solicitors (Edward & Amaury Ltd, company no. 12195443), regulated by the Solicitors Regulation Authority under no. 800525.
- Legal review
- Checked for England & Wales by Edward & Amaury Solicitors — Solicitors regulated by the SRA (no. 800525) (verify on the regulator’s register).Review is recorded against the firm. The individual reviewer is not named on this page.
- Review dates
- Last reviewed 18 September 2026. Next review due 18 March 2027.
Fee rules change. California’s medical malpractice fee limits changed on 1 January 2023, and the QOCS rules in England and Wales changed on 6 April 2023. If you spot something out of date, tell us — we publish corrections.