Can you still claim compensation if you are injured in a car accident but weren’t wearing a seatbelt?
People often believe that if they’ve been injured in a road traffic accident when they weren’t wearing a seatbelt, they are prevented from bringing a compensation claim. However, in most situations, that isn’t correct.
If the accident was caused by another driver, you can still pursue a compensation claim – though the amount you recover may be reduced to reflect what is known in law as contributory negligence.
Contributory negligence applies where an injured person is found to have contributed to the severity of their own injuries. In seatbelt cases, the focus is on whether the claimant’s injuries would have been less severe, or avoided altogether, had a seatbelt been worn.
In serious cases, arguments about seatbelt use and the appropriate level of reduction in compensation can become complex.
In a recent high-value road traffic claim, we represented a client who suffered significant spinal injuries. The defendant argued that our client had not been wearing a seatbelt and should therefore accept a reduction in compensation.
To combat this argument, we obtained specialist accident reconstruction evidence to examine the vehicle damage, the speed and angle of impact, and how the occupant would likely have moved inside the vehicle. Independent medical experts were then asked to consider whether wearing a seatbelt would have made a material difference to the injuries sustained. Detailed expert evidence of this kind is often decisive when determining whether any reduction should apply, and if so, to what extent.
We also acted for a client who sustained serious injuries in a collision where fault was admitted by the other driver. The only issue in dispute was whether a seatbelt had been worn. Our client had no memory of the accident, which made the position more difficult. The claim ultimately settled at approximately £200,000, subject to a reduction for contributory negligence.
Seatbelt cases require careful preparation, clear analysis of both medical and engineering evidence, and a practical approach to negotiation. It is therefore important to instruct solicitors who are experienced in dealing with this type of claim.
How we can help with your accident claim
If you were involved in a road traffic accident that was not your fault, but you weren’t wearing a seatbelt at the time, then do not assume you have no claim. You may still be entitled to substantial compensation, even if a reduction is applied.
Taking early specialist legal advice is key. Our specialist personal injury team, recommended by the Legal 500 and with a five-star rating on ReviewSolicitors, offers a free initial consultation and can act on a No Win, No Fee basis.
Contact us to discuss your accident in confidence.
Call 0333 888 0404 or email [email protected]
