TL* THE CONTACT OWNS A 2006 HYUNDAI TIBURON. WHILE DRIVING 35 MPH, ANOTHER VEHICLE MERGED INTO THE CONTACT'S LANE AND CAME TO A STOP. AS A RESULT, THE CONTACT REAR ENDED THE VEHICLE. THE AIR BAG FAILED TO DEPLOY. THE CONTACT SUSTAINED NECK AND BACK INJURIES THAT REQUIRED MEDICAL ATTENTION. A POLICE REPORT WAS FILED. THE VEHICLE WAS TOWED TO THE CONTACT'S RESIDENCE. THE VEHICLE WAS NOT DIAGNOSED OR REPAIRED. THE MANUFACTURER WAS NOT MADE AWARE OF THE FAILURE. THE APPROXIMATE FAILURE MILEAGE WAS 126,000.