If a carpooler riding in a car gets hurt in an accident and they are in a no fault state, would the driver ever have to personally pay for medical expenses or would only their insurer have to pay?
Question Details: I ride with a carpooler to work. The caution light for the airbag system is on, meaning they will not work in an accident. If we would get into an accident, would I ever have to pay anything out of pocket for her medical expenses or would her insurance company have to pay for everything?
You are assuming that the driver's failure to (it seems) fix the airbag would be the cause of any injuries, but that is not at all necessarily the case: it could be a side impact collision, where the airbag is irrelevant; being rear ended, where yiu'd get whiplash regardless of the presence of an airbag; a collision not hard enough to trigger an airbag but which hurts you, or so hard that the airbag would not have made much difference; etc. Liability depends on fault and causation; only if the failure to address the airbag causes or materially contributes to your injuries might the driver or her insurer be implicated.