Can I file a lawsuit against Onstar if I am in an accident but they say there is no indication of an accident?
3 attorney answers
I concur with the above answers. You would have to show that OnStar actually caused you damage somehow. That would be difficult at best.
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.
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.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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