Settlement in Car Accident with No Seatbelt: Can I Get Insurance Money?
Everyone knows that wearing a seat belt is very important to protect yourself from being seriously injured in a car accident. In fact, in 2022, 50% of all fatalities in auto accidents were caused by people not wearing seat belts. But, sometimes, people get busy and forget to buckle up. Our clients often ask whether they can still get insurance money if they were not wearing a seat belt, and how seat belt affects their claim.
In this video, John Krall discusses whether you might be able to recover money from an insurance company if you weren’t wearing a seat belt in the crash:
Understanding Seat Belt Laws and Car Accidents
Seat belt laws are designed to ensure the safety of everyone on the road. Wearing a seat belt is not just a recommendation; it’s a legal requirement for both drivers and passengers in a moving vehicle. Failing to comply with these laws can lead to fines and penalties, but more importantly, it can significantly impact the outcome of a car accident claim.
In the United States, all 50 states have seat belt laws, but the specifics can vary. Some states have primary enforcement laws, which allow police officers to stop and ticket drivers solely for not wearing a seat belt. Other states have secondary enforcement laws, meaning an officer can only issue a seat belt citation if the driver has been pulled over for another traffic violation.
Understanding these laws is crucial when dealing with a car accident claim. The presence or absence of a seat belt can affect the perceived severity of injuries and the overall liability in the case. Therefore, always make it a point to wear a seat belt and encourage your passengers to do the same.
What Does Virginia Law Say?
Virginia law requires drivers and front seat passengers to wear a seat belt when traveling in a car. Even though the law requires that seat belts be worn, the same law also says that the fact that someone was not wearing a seat belt is not admissible as evidence at trial. Basically, this means that the fact that someone wasn’t wearing a seat belt in an accident can’t be brought up at trial.
Even if you were not wearing a seat belt, you may still pursue compensation from the at fault driver responsible for the accident.
But, if you are trying to settle your case, an insurance adjuster might try to lower the value of your case if you weren’t wearing a seat belt. Often, they will do this regardless of whether they are aware of the Virginia law saying that not wearing your seat belt is not admissible.
Read more on this topic in our article, “5 Ways Insurance Adjusters Reduce the Value of Your Claim“
Contributory Negligence and Comparative Negligence
When it comes to car accident claims, understanding the concepts of contributory negligence and comparative negligence is essential. Contributory negligence is a strict doctrine that bars a plaintiff from recovering any damages if they are found to have contributed to the accident in any way. This means that even if you are only 1% at fault, you could be denied compensation.
On the other hand, comparative negligence is more lenient and assigns a percentage of fault to each party involved in the accident. There are two types of comparative negligence: modified and pure. In modified comparative negligence states, you can only recover damages if you are less than 50% at fault. In pure comparative negligence states, you can recover damages regardless of your level of fault, but your compensation will be reduced by your percentage of fault.
Understanding these concepts is vital for determining liability and seeking compensation in a car accident claim. Knowing whether your state follows contributory or comparative negligence laws can significantly impact your case’s outcome.
What Does All Of This Mean?
This means you should still pursue an insurance claim if you suffered serious injuries in a car accident and weren’t wearing a seat belt. But, because the insurance adjuster will probably try to devalue your case because you weren’t wearing your seat belt, it will be important for you to talk to a lawyer before you talk to an insurance adjuster or sign any documents.
Car accident lawyers can provide the necessary guidance and support to ensure you understand your rights and options.
Read more on this topic in our article “Common Insurance Adjuster Ploys“
Even though not wearing a seat belt can’t be used against you in court if you are in a crash, that shouldn’t be used as an excuse not to wear one. It’s always a good idea to buckle up and encourage your passengers to wear their seat belts too.
Recently in our area, there have been several accidents where drivers or passengers who were not wearing seat belts were seriously injured. On April 16 around 9:20 p.m., a 2006 Dodge Ram was traveling north on Peake Mountain Road in Rockingham County when it attempted to pass a northbound 2001 Chevy Silverado at a high rate of speed. The Dodge hit the Chevy, ran off the right side of the roadway, overturned several times, and struck several trees.
The driver of the Dodge, Tyler W. Custer, 21, of Fulks Run, Va., was not wearing a seat belt and was ejected from the vehicle. Derika Crites, 18, of Maysville, WV., was not wearing a seat belt and was ejected from the vehicle and later died of her injuries.
The Seat Belt Defense
The seat belt defense is a common tactic used by insurance companies and defendants to argue that a plaintiff’s failure to wear a seat belt contributed to their injuries. This defense aims to reduce the amount of damages awarded to the plaintiff by claiming that their injuries would have been less severe if they had been wearing a seat belt.
However, it’s important to note that in some states, such as Virginia, a seat belt violation cannot be used as evidence of negligence. This means that even if you weren’t wearing a seat belt at the time of the accident, it cannot be used against you in court to reduce your compensation.
Understanding the specific laws in your jurisdiction is crucial, as they can significantly impact your car accident claim. Consulting an experienced car accident lawyer can help you navigate the complexities of the seat belt defense and ensure that your rights are protected.
How Long Can I Wait to Call a Lawyer?
When you’re injured in motor vehicle accidents in Virginia, you must be aware of the statute of limitations which applies in your particular case. The statute of limitations refers to the time you have following an accident to file a lawsuit. In Virginia, this time limit depends upon the circumstances of your accident and injury. The time limitation starts to run on the date of the accident. Filing a claim with an insurance company does not extend or delay the time.
The longer you wait to contact an attorney, the greater the risk that the statute of limitations time limit will expire. If it does, you may lose your right to sue the at-fault party and recover compensation for your injuries. If you’ve been seriously injured and someone else is at fault, you should contact a personal injury attorney at the earliest possible time. Contacting an experienced personal injury lawyer early in your case will help prevent deadlines from expiring and will allow your case to be properly prepared.
To be able to determine whether you have a case, your lawyer needs to thoroughly investigate the details about your accident and injuries. Investigating the accident and collecting information is much easier if it occurs quickly after the accident has happened. A time delay can result in many problems like lost evidence and witnesses who can’t be found.
When you hire a lawyer to handle your car accident claim, he or she will first negotiate with the insurance company to try to settle your claim. If settlement negotiations break down, your attorney will prepare to file a lawsuit and prepare your case for trial. For this reason, it is especially important that you get an experienced lawyer to help with your case, such as one certified through the National Board of Trial Advocacy.
Car Accidents and Insurance Claims
Car accidents can lead to significant financial burdens, including medical expenses, lost wages, and property damage. Insurance companies often use various tactics to reduce the amount of damages awarded to a plaintiff, including the seat belt defense. However, even if you were not wearing a seat belt at the time of the accident, you may still be eligible to seek compensation.
An experienced car accident lawyer can help you understand your legal options and advocate on your behalf to ensure that you receive fair compensation. It’s essential to seek legal representation as soon as possible after a car accident to protect your rights and ensure the best possible outcome. Don’t let the complexities of insurance claims and legal defenses deter you from seeking the compensation you deserve.
Talk with a Virginia Car Accident Lawyer
If you or a loved one suffered significant injuries in a car accident in Virginia, Ritchie Law Firm is here to help. Remember, seat belts save lives by significantly reducing the risk of serious injuries in car accidents. The experienced, certified attorneys at the Ritchie Law Firm has helped thousands of injured victims and their families recover the compensation they deserve after an accident. Contact us by phone at
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Ritchie Law Firm is a personal injury law firm devoted to helping individuals who have suffered serious and catastrophic injuries or lost a loved one as a result of someone else’s negligence. Ritchie Law Firm serves all of Virginia, while helping clients in cities and surrounding areas of Harrisonburg, Charlottesville, Staunton, and Winchester also serves clients in West Virginia, including Martinsburg, WV. The lap belt, as part of the three-point seat belt system, has played a crucial role in enhancing vehicle safety over the years.
