Prairie View, TX Personal Injury Law Firms & Lawyers

You state you want to sue for the car not having an airbag and then state it didn't deploy. I am confused, did the car have an airbag that did not deploy or did it not have one at all? Did the car dealer sell you a car "with" an airbag that didn't have one? As you weren't injured in the incident, the only real damage you suffered as a result of the car "without" an airbag is if the dealer failed to sell you what he said he did. Sometimes airbags do not deploy for a reason. They are designed to deploy in different circumstances.

Your stated facts are insufficient to assess liability or blame anyone for the accident. First, you should attempt to find the parent(s) of the girl who pushed your child off the slide thereby causing the initial injury. Perhaps, her parent(s) may be willing to cover some, if not all, of your daughter's medical bills.

It is likely that the insurance company will back off once they know their insured already sued for the same damages. When the other driver's insurance company paid for the repairs, their insured, under the tems of the policy, gave up his right to sue for anything other than his deductible. If he is collecting from your niece, he should be required to reimburse his insurer.