For more insightful articles like
this one, visit our website at http://www.SafeCollisionRepairs.com
Air Bag Replacement Mandatory Under New Ohio Law
By David A Williams, Auto Collision Repair Specialist and DV Expert
Jun 28, 2005 - 7:57:00 PM
One of the most expensive parts to replace on a collision damaged car is an air bag. That shouldn’t surprise anybody since an air bag is a safety device that carries with it tremendous liabilities for auto manufacturers. But, unlike a motor, wheel or frame assembly on an auto, an air bag is a part that some car owners see little value in. For years cars did not have air bags - and let’s face it – if you don’t crash, you don’t need them.
Since a vehicle can still move about and carry passengers to their destinations with or without properly installed and fully-functioning air bags, some car owners and rebuilders/resellers opt to forgo replacement of them, choosing the money they will save over the risk they face of becoming involved in another crash.
In times past, the carcass of a deployed air bag in a dash or steering wheel was a real eye sore. Nowadays, a non-functional cosmetic cover can be purchased, usually for $100 or less, that restores the appearance of the dash or steering wheel. Of course, the fake air bag cover is void of the life saving function provided by the real McCoy, and many passengers that are carried in the vehicle will be none the wiser.
Recognizing the risk unknowledgeable car buyers or passengers face in autos void of functioning air bags, the State of Ohio recently created a law to make it illegal to:
“… install or reinstall in any motor vehicle any object to fulfill the function of an air bag, including an air bag, other than an air bag that was designed in conformance with or that is regulated by federal motor vehicle safety standard number 208 for the make, model, and model year of the vehicle, knowing that the object is not in accordance with that standard.”
The law, ORC 4549.20 "
Improper replacement of motor vehicle air bag"
(eff. 9-16-04) by some accounts is lame, lacking punishment commensurate with the fact that installation of a cover rather than a fully functioning air bag could result in loss of life for an occupant.
(Guilty of a misdemeanor of the first degree for first offense; a fifth degree felony for each subsequent offense) But, Ohio Attorney Erica Eversman believes that, based on this statute, a consumer could also sue under the Consumer Sales Practices Act for an unfair/deceptive trade practice. This, of course, carries treble damages and payment of attorneys fees, which should make attorneys a little more eager to bring violators to justice.
It is our hope that states will adopt laws to discourage the practice of installing anything less than a new OEM air bag when a deployment has occurred, and that enforcement and penalties will be vigorous against offenders.
Visit these links for more information on this topic:
Air Bag Fraud on the Rise in OH, KY, WV
SCR Press Release
Visit website of seller of air bag covers
Air bag covers for sale on E-BAY
Beware of dangerous airbags
CBC News
Airbag scams have moved well beyond marketing stolen parts
ABRN - Automotive Body Repair News
content & design ©2002-2009
David Williams and SafeCollisionRepairs.com
For more than ten years,
David Williams of Wheelersburg, Ohio's Safe Collision Repairs
has worked with consumers and attorneys in the tri-states of Ohio,
Kentucky and West Virginia to expose unsafe auto repairs and maximize
recovery on auto insurance claims. Some of the company's services
include Post-Repair Inspections, Prepurchase Inspections, Auto
Damage Assessments, Lemon Law Investigations, Expert Court Testimony
and Diminished Value Calculations using an advanced version of
Network Information Communication's WreckCheck program.
Inquiries
can be directed to:
Safe Collision Repairs
David A. Williams
Post Office Box 70
Wheelersburg, Ohio 45694
(740) 456-1111
(740) 355-4056
|
|
The content
expressed on this website and in the article above represents
the opinions of David
A. Williams. Williams is neither an attorney nor public insurance
adjuster, but is an expert, consultant, and writer specializing
in the field of automotive collision repair and valuations. The
information provided herein is not intended to be a substitute
for legal or insurance advice. Because collision repair is a continually
evolving science, any text, materials or links found herein are
provided without claim or guarantee to their accuracy or completeness.