Seatbelt Use and Insurance Claims: What Happens If You Weren't Buckled Up?

Failing to wear a seatbelt while driving can lead to more than just a traffic ticket; it may also impact your insurance claim if you're involved in an accident. While insurers typically won't deny a claim outright due to lack of seatbelt use, they often argue that this negligence worsened injuries, potentially reducing your compensation and leaving you with significant out-of-pocket expenses.

Key Points to Remember

• Insurance companies rarely reject claims solely because a seatbelt wasn't worn.
• State laws determine which insurer handles your claim, but seatbelt non-use can lead to reduced settlements.
• Insurers may claim that injuries were aggravated by not buckling up, justifying lower payouts.
• Local regulations often impose fines for not wearing seatbelts.

What Are the Insurance Implications of Not Wearing a Seatbelt in a Car Accident?

The effect on your insurance claim depends on your policy type and fault determination in the accident.

Determining Fault

If another driver causes a collision, their liability insurance generally covers your damages. However, disputes can arise, leading you to file a claim with your own collision or uninsured motorist coverage. Not wearing a seatbelt may complicate these claims.

Attorney Angel Reyes from Dallas emphasizes, "Not wearing a seatbelt can lead to severe injuries and reduced compensation. Insurers may argue your negligence contributed to the extent of your injuries, lowering your claim amount."

Understanding No-Fault States

In no-fault states, drivers claim injury benefits through their own Personal Injury Protection (PIP) coverage, which handles medical and related expenses. However, failing to wear a seatbelt can prompt insurers to limit settlements, citing contributory negligence.

Note: Currently, 12 states and Puerto Rico mandate PIP coverage, 9 states plus D.C. offer it optionally, and 30 states do not require it.

Why Might Your Insurance Payout Be Reduced?

Insurance companies may apply "contributory negligence," assigning partial blame to you for not wearing a seatbelt, which can justify lowering your compensation. For example, if a seatbelt could have mitigated a head injury, insurers might reduce your claim accordingly.

Additionally, 35 states enforce primary seatbelt laws allowing immediate citations, while 14 states enforce secondary laws that require another violation to issue a ticket. Fines range from $25 to $200, with some states imposing higher penalties.

Impact of Passengers Not Wearing Seatbelts

While passengers not buckled up may result in fines, it generally doesn’t affect the driver’s insurance claim unless the passenger’s behavior contributed to the accident, such as causing a distraction.

Steps to Take After an Accident Without Wearing a Seatbelt

• Immediately call emergency services if injuries occur.
• Report the accident to police to obtain a report supporting your claim.
• Exchange information with other drivers, passengers, and witnesses.
• Document the accident scene and damages thoroughly.
• Notify your insurance provider promptly.
• In some states, report the accident to the Department of Motor Vehicles if damages exceed a certain amount.

Avoid discussing your seatbelt use with others until consulting an attorney. Legal counsel can help protect your rights, especially if there were valid reasons for not buckling up, ensuring the focus remains on the cause of the accident for fair compensation.

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