Personal injury guide

Can I claim if I wasn't wearing a seatbelt

People often assume this rules them out entirely. It does not, though it can change what a claim is worth, and by how much depends on the injury.

Short answer

Yes, you can still claim if you weren't wearing a seatbelt at the time of an accident. Not wearing a seatbelt doesn't remove your right to claim, but if it's shown that wearing one would have prevented or reduced your injury, your compensation may be reduced proportionally under the principle of contributory negligence. This is assessed case by case based on the specific injury involved.

In more detail

Why does seatbelt use affect a claim at all?

Wearing a seatbelt is a legal requirement in most circumstances under UK road traffic law, and courts have generally treated not wearing one as a factor that can contribute to the severity of an injury in a collision. It's assessed alongside, not instead of, the other driver's responsibility for causing the accident itself.

Does this apply to every type of injury?

No. The reduction only applies where there's evidence that a seatbelt would have made a genuine difference to the specific injury sustained. For some injuries, a seatbelt would have made little or no difference, in which case this wouldn't reduce compensation at all.

Who decides whether it affected my injury?

This is typically assessed using medical evidence, considering the mechanism of the injury and whether a seatbelt would plausibly have prevented or lessened it. It's not applied automatically just because a seatbelt wasn't worn.

Does this affect passengers as well as drivers?

Yes, the same principle can apply to passengers who weren't wearing a seatbelt, not just the driver.

Common questions

Frequently asked questions

Does not wearing a seatbelt affect who's found at fault for causing the accident?

No, it's a separate question from who caused the collision itself. It only affects the assessment of your own contribution to your injury.

Will I definitely see my compensation reduced if I wasn't wearing a seatbelt?

Not automatically, it depends on whether the evidence shows a seatbelt would have made a difference to your specific injury.

What if a child passenger wasn't secured properly?

This is treated seriously and assessed on its own facts, often involving both the driver's responsibility and, in the case of an older child, similar contributory principles.

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