Does Not Wearing a Seat Belt Affect Insurance Claims?

Seat belts are primary vehicle safety devices, and surveys in the U.S. have shown that they effectively reduce accident fatalities and significant injuries. It’s no surprise that as far back as 1966, Congress passed the National Traffic and Motor Vehicle Safety Act, requiring manufacturers to comply with specific safety measures for the cars they make,

Almost all states (New Hampshire being the exception) require car occupants to use seat belts. But just how important is this law, and will failing to wear a seat belt affect your insurance claim if you get into an accident? We explore that question and more in this article.

The Problems with Not Wearing a Seat Belt

Some people refuse to wear seat belts, believing they are uncomfortable, only necessary for high speeds, or that their airbags and other safety features will protect them. Unfortunately, those are only myths.

Today's Seat belts are not objectively uncomfortable. If they do not fit properly, they can be adjusted. Seatbelts are necessary at low speeds because 70 % of fatal crashes happen at 40 mph or less. 

Airbags are only secondary safety systems designed to work most effectively after using your seat belts, but they can cause injury if an occupant is not wearing their seat belt.

Seat belts have established practical and fact-based benefits. Data from the National Highway Traffic Safety Administration shows that seat belt use saved almost 15,000 lives in 2017. About 13,000 of the passenger vehicle occupants who died in accidents in 2022 would have survived if they had been properly secured using a seatbelt.

Apart from the practical problem that failing to wear a seat belt increases the probability of you getting injured or dying in an accident by approximately 50%, there are also legal problems you may face if you decide not to use a seat belt.

In Florida, Fla. Stat. § 316.614 (4 & 5) makes it illegal to operate a vehicle if a safety belt does not restrain any passenger under 18, a safety belt does not restrain any passenger in the front seat older than 18, and a safety belt does not restrain the operator. Violating this provision will constitute a nonmoving violation, and you could receive a citation for it.

In Wisconsin, Wis. Stat. § 347.48 requires that all vehicles sold in the state have seat belts installed. All passengers over 8 years old sitting in designated positions as stated by 49 CFR 571 are appropriately restrained, and a seat belt also restrains the vehicle operator. Failing to comply with this law in Wisconsin could also result in a ticket.

Even in New Hampshire, where seat belts are not required for passengers and drivers over 18, anyone aged 18 and under must still use one, according to N.H. Rev. Stat. § 265: 107-a.

How Does Insurance Work with Not Wearing a Seat Belt?

Failing to wear a seat belt can affect your insurance claims and premiums

Claims

While your insurer will not be able to deny your claim simply because you failed to wear a seat belt at the time of your accident, they may use it as a ground to reduce the amount you're entitled to, especially in comparative negligence states where one party may claim the other bears some fault for the accident to reduce their financial liability.

The primary argument of the insurer, whether you’re making a first or third-party claim, will be that your failure to use a seat belt likely worsened your injuries. Therefore, they should not be liable for the full extent of your damages.

Some comparative negligence states (like Florida, according to Fla. Stat. § 316.614(10) and Michigan, according to Mich. Comp. Laws § 257.710e(8)) will consider failing to use a seat belt as evidence of comparative negligence. 

However, some others (like California, according to Cal. Veh. Code § 27315(i)) will not consider failing to wear a seat belt as evidence of negligence. In the states where failure to use a seat belt does not directly mean negligence, you may be able to contest the insurer's devalued claim in court successfully

Premiums

Insurance companies consider a driver's record before charging a premium. Generally, the riskier they believe a driver is to insure, the higher the premium. Therefore, if drivers frequently practice reckless driving or other dangerous driving practices, their premiums will be higher.

Citations and tickets received for failing to wear a seat belt will likely show up on your record, causing your insurer to charge a higher premium, especially if you are in a state where failing to wear a seat belt is considered a moving violation.

Thankfully, some states make it harder for insurers to use seat belt violations as a reason to increase premiums. In Massachusetts, for instance, Mass. Gen. Laws ch. 90, § 13A provides that violating the seat belt laws will not be considered a moving violation conviction to determine surcharges on an auto insurance premium.

What If You Were the Passenger and Not Wearing a Seat Belt?

What happens if you were the passenger in a car who got into an accident but were not wearing a seat belt? Your failure to wear a seat belt may affect your claim, but it will not affect your premiums since it does not reflect whether you will be risky to insure.

Even if you fail to wear a seat belt as a passenger, it will likely not affect your claim as much as the driver's (if the driver was also not wearing theirs). The extent to which it will affect your claim depends on state law.

States classify seat belt laws as either primary or secondary. If a seat belt law is a primary law, a law enforcement agent might issue a ticket simply for not wearing one. Still, if it is a secondary law, law enforcement agents will only issue a ticket if there is another citable traffic offense.

State laws also determine whether all passengers in a car are required to use seat belts. Most states have primary seat belt laws that require drivers and front-seat passengers to use seat belts.

Still, only 18 states have primary laws requiring all vehicle occupants, regardless of seating positions, to use seat belts, and only 11 require rear-seat belt use as a primary law.

These differences in state law imply that it is more likely that your failure to wear a seat belt as a passenger in a state where it is the primary law for all occupants to use them will significantly affect your claim. 

However, if you are a rear-seat passenger and no laws require your seat belt use, or your seat belt use is only secondarily enforceable, your failure to use one may not affect your claim as much. 

Can I File a Lawsuit if I Don’t Wear a Seat Belt?

You can file a lawsuit even if you didn't wear a seat belt during an accident. Remembering this is essential because failure to wear a seat belt does not eliminate your right to compensation, whether you are making a first- or third-party claim.

An insurer may make you believe that failing to wear a seat belt makes you partially responsible for the accident. Therefore, you must accept whatever they offer as a settlement. But that is not true.

While not wearing a seat belt may reduce what you are entitled to, it does not disqualify you from receiving compensation. Most states even limit how much your settlement can be reduced simply because you did not wear a seat belt. In Michigan, for instance, your settlement can only be reduced by 5%.

Before instituting a lawsuit, it is crucial to remember that your failure to use a seat belt may be admissible and used as evidence of your negligence in some states. 

And while other states like North Carolina make evidence of failure to wear a seat belt inadmissible in a civil action (N.C. Gen. Stat. § 20-135.2A), it is still essential that you have sufficient evidence to prove the liability of another party before you file.

How The Accident Helpers Can Help You

Suppose you intend to file a lawsuit against the other driver because their insurer unreasonably devalues your claims for simply failing to wear a seat belt or against your insurer for the same reason. 

In that case, you will need a skilled lawyer who has previously handled similar claims successfully and is familiar with your state's relevant laws.

These lawyers can help you gather all the relevant evidence to ensure success, utilize their training to represent you in court, or even reenter negotiations with the insurer to secure what you deserve. Once you involve a lawyer, most insurers will be hesitant to unreasonably devalue your claim since our lawyer will be well aware of their legal responsibilities.

But how do you find these experienced lawyers? That is where we come in. We can connect you to lawyers who will get what you deserve even if you did not wear a seat belt.

All you have to do is contact us. We will gather the details of your case and give you options for the best lawyers within the shortest possible time. The best part is that our services at The Accident Helpers are entirely free.

Contact us today!