I was recently in a fairly severe car accident where I went off an embankment and hit a tree head on. My airbags deployed and my car was totaled. I was paying for Onstar in my car, but when I wrecked it didn’t go off. I was unconscious, but someone heard the wreck and called 911 for me. After I recovered, I called Onstar and they say there is no indication of any accident. Do I have a case against them or should I even consider going against such a large company?
What would your damages be? Onstar did not cause the accident and you were given prompt attention it appears by emergency personnel.
In my opinion, there is no case here and you would probably find it difficult for any personal injury attorney to represent you.
You can call around to different personal injury attorneys in your area, but in order to prevail in a lawsuit, you would have to prove that Onstar was negligent in not notifying the authorities of the accident AND that negligence caused damages. The damages portion seems to be missing from your case.
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I agree with Mr. McGowan. Since onstar did not cause the accident...you could sue for 2 things
1. The injuries you sustained that you would have not sustained if onstar activated
2. The price you paid onstar for this month since it didn't work
The key to both situations is determining why it didn't work. Something has to alert onstar that there was an accident...so an investigation would have to determine why it didn't alert onstar.
The costs of the investigation itself would likey be more than you could win under the circumstances.
However, there is no cost to demand a refund of services.
I concur with the above answers. You would have to show that OnStar actually caused you damage somehow. That would be difficult at best.
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