Click It or Nix It. Can Your Insurance Claim Be Denied If You Weren’t Buckled Up? | Global News Avenue

If you don’t “click” and wear your seat belt while driving, not only will you get a ticket, but it could affect your insurance claim in the event of an accident. If you or your passengers are injured in an accident, the insurance company may not deny your claim, but may argue that failure to wear a seat belt exacerbated the damage. Reduced compensation could leave you with significant costs that you have to pay out of pocket.

What happens if you are in a car accident while not wearing a seat belt?

The insurance consequences of a car accident while not wearing a seat belt may depend on the type of policy you have and the driver who caused the collision.

Who is at fault?

Suppose you are driving down the road at 40 mph when another driver pulls out of the parking lot and collides with your car. In some states, the at-fault driver liability insurance Your car repairs and medical bills should be covered.

However, the other motorist’s insurance company may dispute the claim and pay insufficient compensation or no compensation at all. If this happens, you can file a claim against your company Collision coverage— If you have insurance — pay for your car repairs. If you are traveling with an uninsured motorist or medical expenses Insurance, one or both of which may cover your medical expenses.

But if you are involved in an accident while not wearing a seat belt, it can complicate your insurance claim.

“If you are involved in a car accident while not wearing a seat belt, you are at risk for serious injury and your compensation may be reduced,” said attorney Angel Reyes, managing partner of Angel Reyes and Associates in Dallas, Texas. Failure to wear a seat belt caused your injuries, which may reduce the amount you are entitled to receive. ”

If you file an injury claim for medical bills or Uninsured Motorist Insurance coverage, your own insurance company may make the same argument and reduce your settlement payment.

no-fault status

Some states have no-fault laws requiring all vehicle owners to carry Personal Injury Protection (PIP) Coverage. PIP covers medical and rehabilitation expenses and may include funeral, survivor loss, and job loss benefits.

In no-fault states, each driver must file an injury claim under their own PIP policy. For example, if you live in a no-fault state and cause an accident, you must file an injury claim with your insurance company, and the other driver must file a claim with their insurance company. Lawmakers created no-fault laws to reduce the number of lawsuits related to automobile accidents.

However, if you are involved in an accident while not wearing a seat belt and make a claim against your PIP policy, the insurance company may limit your compensation, claiming that your negligence caused your injuries.

PIP insurance does not pay for car repairs or other types of property damage.

Why might an insurance company reduce the cost of your claim?

When you are involved in a traffic accident while not wearing a seatbelt, you run the risk of your insurance company denying or limiting your claim under a common law tort called “.”contributory negligence”. Insurance companies use contributory negligence to determine the level of liability for an accident. For example, if you hit a vehicle that pulled out in front of you, the insurance adjuster may determine that the other driver was 60% responsible for his actions , and you bear 40% liability for speeding.

When an accident results in injuries, failure to wear a seat belt may affect a contributory negligence award.

“Insurers may allege contributory negligence, claiming that you exacerbated your injuries by failing to protect yourself,” Reyes said. “For example, if seat belts minimize head injuries, they may use that as Against You to Reduce Compensation With the right legal support, you can challenge these claims and point to the other driver’s actions as the primary cause of your injuries.”

Not wearing a seat belt can also get you a ticket. Thirty-five states have primary seat belt laws and 14 states have secondary seat belt laws. The primary law allows law enforcement officers to issue traffic tickets anytime a driver or passenger is not wearing a seat belt. Secondary laws only allow police to issue tickets when other citationable traffic violations occur, such as speeding or reckless driving.

According to the National Highway Traffic Safety Administration, fines for not wearing a seat belt range from $25 to $200. Seventeen states impose fines of at least $30, including Texas, which imposes a $200 fine for a first offense.

If a passenger in your car was not wearing a seat belt, would this affect your claim?

Although passengers not wearing seat belts can result in hefty traffic fines, this usually does not affect passenger safety. insurance claim. However, in some cases, the actions of the passenger may affect a finding of contributory negligence.

“An unbelted passenger may affect their claim, but it generally will not affect your claim unless their actions contributed to the accident,” Reyes said. “For example, if an unbelted passenger dispersed By drawing your attention, the insurance company may assume that this played a role in the collision. ”

What to do if you are not wearing a seat belt in an accident

If you are involved in a traffic accident, you should always:

• If anyone is injured, call emergency services.
• If anyone is injured or damaged, call the police. While you may not need a police report to file a claim in your state, the process will be smoother if you have one to support your claim.
• Exchange contact information, driving license numbers and car registration details with other drivers.
• Obtain contact information from passengers and witnesses.
• Use a camera or cell phone to document the damage and accident scene.
• Notify your insurance company as soon as possible.
• In some states, you must also notify the Department of Motor Vehicles when the injury or vehicle damage exceeds a specified amount.

If you were not wearing a seat belt at the time of the accident, do not discuss the matter with other drivers or law enforcement officials.

“Don’t mention not wearing a seat belt before consulting with an attorney, as this could be used against you,” Reyes says. “If you have a valid reason, such as a medical issue or emergency, your attorney can help protect your safety. Rights. Insurance companies may try to use seat belt issues to minimize claims, but the fault lies with the cause of the accident, not just whether you were wearing a seat belt. An experienced attorney can help ensure the focus is on what caused the accident. , protect your right to fair compensation.”