If you are not wearing a seatbelt are you responsible for your injuries in an accident that wasn't your fault?

Answer

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.

Answer

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.

• 2007 suburban fuel filter location?
• What do you need to do to sue someone if you got hit by a car on your bike?
• Auto accident on Private Party where the Cops Came but no Tickets were issued we had expired Insurance by one day do i the uninsured have to pay damages if they wont go through their insurance company?