Last Friday, my wife was heading out of town only to have her trip cut short by some idiot. A guy in a pick up cut her off at 70 MPH and thus forcing her to end up in a ditch. She's a little stiff, but overall doing fine. However, the GX470 took a beating. The initial impact was on the bottom front and then she spun around and hit the rear and came to a stop with both bumpers or what was left of them supporting the vehicle. The GX has damage to the front and back, and the entire front radiator and core support were gone. Here are my questions:

1. Why didn't any of the airbags deploy?
2. If the car is fixed, will my extended warranty from Lexus be voided?
3. Do I need to contact Lexus about this airbag issue?

The officer's on the seen said this guy was not responsible, which we think is crap, but we have his information. Do we have any legal recorse towards this driver?

We are waiting for our insurance company to schedule their adjuster, but in the meantime I have a lot of doubts running around in my head...

Member's, thanks for your time...

--Drew

 

I do know that in some cases, the airbags will not deploy, such as cases of off-angle collisions. Although I'm not certain of exactly what happened, it seems like that was one of the cases. Could you describe it in more detail?

Legally, I can't help you much. If she veered off of the road to avoid contact, then I guess legally he isn't at fault. But if he nudged her vehicle, then it is a different story.

At least she's okay. It seems like it was a jarring incident. Good luck!

 

I hate to say it but most often than not it is better to hit them than try to avoid the accident and end up as a single car accident (in this situation, not all). It can also be safer vs a fast evasive maneuver that many times causes very severe injury as most people do not have the training to handle an SUV during high speed corrections. In other words, accidents get very serious not because of what was about to happen, but from what the drivers do to avoid the contact; often jerking the steering wheel too fast for the speed and not able to recover safely.
Had you made contact then things would have been different; as is now your insurance rate may take the hit as it sounds as if the officer will write the report up as a single car accident.
On the air bags, they deploy for serious accidents and though your wife's incident seems rough she made it out ok. Airbags can also inflict injury to persons thus why they deploy only on serious life threatening scenarios where an injury from the airbag far out way what would otherwise occur. Sensors are not in the bumper but on the body right behind the bumper and only for frontal or rear collision. Side impacts will go off if the sensor is triggered which is located behind the sheet metal. The side curtains will go off if a certain angle is reached but it does not sound as if the suv went on it's side.
Hope this helps and glad she is made it out without any serous injuries. Sounds as if the GX did protect her though it may appear otherwise.

 

your probably lucky that the airbags didn't go off because as pearlpower stated, they can cause injury themselves.

as for who is at fault, it's going to be tough to sue as the officer said it wasn't the other driver fault. I guess the key would be is to enroll your wife in a defensive drivers course.

 

Thanks for the responses.

The entire radiator support is gone; all that you see from the front below the mangeled hood is the engine . I would have assumed the airbags deployed considering the damage to this area, but maybe she hit at a slight angle...

The GX is definitely worth the price for Gas seeing as how my wife is okay.

--Drew

 

Hmm, can you post a pic? I would really be interested in seeing this.
thanks
Lee

 

The car is currently stranded at towing company's lot. The insurance adjuster will be calling us in the next 2 days; based on our discussion, the car will be accessible for pictures and they will be posted on the forum...

 

Most of the airbag comments here are right on. I would add that not only does the frontal impact have to be within the correct angle range, it generally needs to be the G-force of the equivalent of a 14 MPH or more. This is set, of course, by engineers, to keep the bags from going off unnecessarily from impacts at very low speeds.

Some nuts, however, still fall through the crack. I've seen cases where deer bounced off the front of the car, back up on the windshield, and caused a lot of damage and injuries....the bags did not go off because the deer's legs or body did not hit the front end in just the right manner to trigger the sensors.

 

Why did the officer say that the other driver was not responsible? Did the other driver even stop and offer assistance? If not, that could a hit-and run...a serious offense, particularly if that person knew he/she ran your wife off the road. And if the other driver DID stop, was it just his/her word against your wife's?

As far as contacting Lexus, I would, and give them as many details of the accident as possible. It will be up to them if they want engineers to look at the wrecked RX and investigate if it was air-bag malfunction or not. Hey, you can't hide an accident like this, anyway, even for warranty purposes...it will be on the vehicle's CarFax report.

 

MMarshall,

Thanks for your time and opinions. The car is a GX; but you are right about the engineered direction of impact. My wife did have a red mark from the seat belt on her shoulder.

The guys stopped and said to the officer, I had my blinker on... I don't know what else I can say.

When I get pictures of this truck, and you see the big hole where the radiator support was it will help the airbag discussion...

Thanks again for your time.

--Drew

 

From a civil law perspective (at least in PA, and I'd imagine in most states), the officer's opinions as to cause of the accident are irrelevant and inadmissible in court, as he wasn't there. He could only testify about what each party told him, and the physical evidence he found at the scene. From a practical perspective though, the insurance companies will place a fair amount of reliance on what he said. This could make a claim against the other driver (through his insurance company) a real pain. In court, it would really be a "he said, she said" with the two drivers.

 

Was there damage to the other guy's pick up truck?

 

The GX is built with a Break-away Crumple zone in the front of the Vehicle that is made to absorbe the brunt of the initial impact ......... defuseing the force thru the Main Column and frame structure. the raditor is suppose to fall off taking force with it ........sparing your occupant that amount of force. IF the impact was from under the carrage frame then the Air bag would not deploy since the occupant movement is vertical and not forward ........ the sensors know this .......... If there were a roof mounted air bag it would have deployed!!!! Again same with the rear impact from under the carrage ... no forward or backwards force, no deployment, same with roll or pitch.......... no roll or pitch and again no deployment.

Also, the red mark on your wife shoulder, well you can thank the force limiteder on the seat belt .......... other seat belts would have left a Red Belt mark across her chest .... the force limiteder allow a small amount of belt to be played out to avoid this. Looks like it worked.

I'm happy that everyone is OK and well............ hope this clears up the deployment situtation and I'm sorry that the stupid cop couldn't see the accident for what it was.........

Wish you the best in getting her fixed and if you need anything let me know..........

 

Thanks again forum members.

It turns out, she went sideways into the ditch and blunt of the hit was in the rear and not the front. It's still amazing that she didn't roll the truck...

The guy admitted to having his blinker on which means he did in fact come over into her lane. I don't know if that has any weight...

It's at the dealer for repair, and the adjuster has given his initial repair estimate:

$18,590.00 & 40 days repair time.

Pictures are on their way, most likely tomorrow evening...

--Drew

 

If the other car did not come into contact with your wifes car and the damage is due to her trying to avoid contact then I'm sorry to say it will be deamed your wife's fault. Like the other poster said it would have been better for her to have hit him then if was for her to try to avoid him. If the car was merging into traffic the insurance company will say she should have had her car under control at all times. Now look this isn't my opinion just something that I have gone through. My sister was driving when a tire came off of a truck going the other direction. She tried to avoid the tire and managed to do so but in the process she hit a pole. It was her fault. Sounds nuts but no amount of fighting changed that.

I'm glad your wife is Ok what I do know is these trucks are built like tanks. I will be driving a GX for many years to come. Also a friend of ours years ago was a cop. He was in a car chase when another car hit him and rolled the car. It was the air bag that ended up killing him not the hit or the roll over. When the bag deployed a piece of plastic broke off and pierced his neck where he bleed out in just minutes.

Sami