Garage liability after car accident?

Questioner

My daughter bought a car a week ago. Yesterday she had an accident with it that was not her fault. The other driver came through the inside bend. The driver also admitted guilt. But that is besides the point. Now the car was sold with an airbag but the airbag did not work at all and the impact was considerable. The car was hit from the front and is a total loss. There is nothing left of the front. Now my question is: Can I still hold the garage that sold the car liable because it sold my daughter a car with a defective airbag. Or perhaps an airbag that is not present at all. That remains to be seen. Thanks in advance.

Lawyer

If there is damage resulting from the absence of the airbag or its malfunctioning, the seller can in principle be held liable. You must then demonstrate that this is due to (the absence of) the airbag. If you are unable to reach an agreement (yet), I would be happy to look at your case.

Questioner

Thank you for your answer. Okay, so if I understand correctly, the non-functioning of the airbag alone, without any damage resulting from it, is not sufficient to hold a garage liable. Since the car was sold including the airbag option. Fortunately, as far as my daughter knows, she did not hit the steering wheel. And she did not sustain any further damage from it.

Lawyer

In addition, if the expert assessing the damage were to find that the car is worth less than the sales price due to this defect, then that could also be grounds for a claim. However, I consider the chance of that happening to be minimal.

Questioner

Martin. Thank you for your answer.

Lawyer

Good morning, I read your story. I hope your daughter is doing well and that she came out of this unscathed. You indicate that the accident occurred due to someone else's mistake (taking the inside bend). Since there is a liable party, I would advise you to recover the damages from this. This way is easier for you. I would like to personally contact you to discuss the situation thoroughly. As an advocate for victims of accidents, I can, as a lawyer, provide your daughter with guaranteed free legal assistance and help you recover your costs and the damages you have suffered. Attention, understanding and communication are always my starting point. If you need this, please contact me. I will be happy to assist you.

Lawyer

In my opinion, the core of the question was also whether there is a defective product for which the buyer can still apply a price reduction. That is possible, the purchase must be partially dissolved with the application of a proportional price reduction. This is separate from the consequences of the accident. You can contact me for more information or assistance.