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If you are not wearing a seatbelt are you responsible for your injuries in an accident that wasn't your fault?
Wiki User
∙ 13y ago
- The other driver may be 100% liable for the damage to your vehicle, but not wearing a seat belt contributed to your injuries, so you are at least partially responsible. File a claim with your insurance company and let them decide which pays what percentage.
- It's called 'contributory negligence'; you may possibly have CONTRIBUTED to your own injuries (quite likely did) and therefore are (partially) NEGLIGENT.All states have 'comparative negligence'laws, and all adjusters SHOULD look for mitigating factors, and 'affirmative defenses'. We are looking at "Assumption of Risk" in this scenario. You failed to use your seatbelt, therefore, you ASSUMED part of the risk to your own person, therefore, you were 'COMPARATIVE-ly NEGLIGENT. The adjuster would be correct in offering you only a percentage of your estimated settlement amount.
- In the UK - you are entitled to claim compensation, but the amount of compensation you can claim will be reduced by a percentage for "contributory negligence" See the related link entitled "seat belt injury" for a discussion of issues of UK law from wearing and not wearing a seat belt when you are involved in an accident.
Wiki User
∙ 13y ago
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Who is responsible for a passenger not wearing a seatbelt in Kentucky?
the driver
If the accident was my fault but the child in the other car wouldn't have been hurt if she was wearing a seatbelt I'm I responsible for her injuries?
Interesting. My best guess is that you will be ticketed for the accident, and the driver of the other car will be ticketed for not having the kid strapped in. As far as fault for the kids injuries lies, ultimately with you. If the accident had not occured, the kid would not have been hurt. Both you and the other driver are going to get fined, but I think you are going to get the worse end of the bargian.
Does wearing a seat belt improperly cause the same injuries as not wearing a seatbelt at all?
No. The nature of the injuries is different. Wearing a seatbelt improperly can allow one to slide out from beneath the seatbelt, which can cause severe bruising on the neck or even strangulation. Also, wearing the harness improperly can result in serious internal injuries of a different nature from those caused by the sharp impact of one's whole body on the dashboard or out through the windscreen onto the ground outside.
How can you lose your liscence?
You can loose your licence if you get into an accident that was caused by you where someone was injured or even if you get caught not wearing a seatbelt.
Is the driver responsible for everyone not wearing a seatbelt in the car reguardless of age?
In the UK the driver is responsible if the person is under 13 years of age.
Does not wearing a seat belt void an accident claim?
In general, failure to wear a seat-belt will not void your claim for damages to your vehicle or any passengers wearing their seatbelts. It may however affect any claim for personal injury to the person not wearing the seatbelt. Typically, if this is the case, the claim for personal injury will not be entirely voided, but the nature of the injuries will be examined in detail, and one might not be reimbursed for injuries that would likely have been prevented by the use of the seatbelt. Refer to the law of the state in which you are in and to your insurance policy for specific limitations. Also note that your health insurance policy will cover the injuries, even if your auto-insurance policy doesn't.
Why does your my Volvo 240 seatbelt light not work?
you are wearing the seatbelt.
Can you get minimize injuries from a car accident without your seat belt on?
No way. There has been documented proof that wearing a seat belt can prevent most injuries.
Do you really have to wear a seatbelt?
In many places it's the law. And ignoring the legal issues wearing it will improve your chances of surviving an accident tremendously.
Can you get points for being a passenger not wearing a seatbelt?
It will depend on the specific law and how it was written. But in general, yes, the driver is responsible for the actions of the passengers.
A convoy vehicle stopped suddenly killing a soldier not wearing a seat belt. what accident class is this?
ON duty fatality is a class A, regardless of lack of seatbelt.
What happens if you don't wear a seat belt?
Not only will you get fined in most states, but if you are in an accident, the likelihood of death is much higher if you aren't wearing a seatbelt.
