Can I still make an injury claim even if I was not wearing a seatbelt?
Nina Garayan's Answer
Quick Answer
You can still make an injury claim in California even if you weren't wearing a seatbelt, though your compensation may be reduced if the insurer proves that the lack of a seatbelt contributed to your injuries.
Key risks of waiting too long
Potential Risk
Potential reduction in compensation due to the seatbelt defense.
Potential Risk
The insurance company may shift blame to the lack of a seatbelt.
Potential Risk
Proving the true value of your claim may become more complicated.
Potential Risk
Increased scrutiny on the circumstances of the accident.
Full Transcript
Below is an AI-generated transcript of the video answer.
Can you still make an injury claim if you weren't wearing a seatbelt?
Yes, you can.
Not wearing a seatbelt doesn't automatically prevent you from recovering
compensation after a car accident. In California,
the person who caused the accident can still be responsible for your injuries.
But here's the catch.
The insurance company may argue that wearing a seatbelt would have prevented
or reduced some of your injuries. If they can actually prove that,
your compensation could potentially be reduced.
This is called the seatbelt defense.
So no seatbelt does not automatically mean no case.
It means that there may be an additional issue your lawyer has to fight when
proving the value of your claim.