Can I still make a car accident claim if I wasn’t wearing a seatbelt?

Your seatbelt is a critical safety measure designed to protect you from serious injury and harm during road traffic accidents. However, there are instances where you may not wear a seatbelt — whether this is due to forgetfulness, discomfort, or a valid exemption.

If you’ve been injured in a car accident while not wearing a seatbelt, you may wonder if you’re still eligible to claim compensation. The short answer is yes — you may be able to receive compensation for your injuries, so it’s well worth exploring your options.

Our RTA solicitors can guide you through the process. If you’ve been in a car accident while not wearing a seatbelt, get in touch with Tylers Solicitors today to see how we can help you.

The law on seatbelt use in the UK

In the UK, drivers and passengers are legally required to wear seatbelts while in a moving vehicle. This law aims to minimise injuries in a road traffic accident.

However, not wearing a seatbelt does not automatically disqualify you from claiming compensation for injuries sustained in a car accident.

Am I eligible to make a claim if I wasn’t wearing a seatbelt?

Yes, you may still be able to claim compensation for injuries suffered in a car accident or collision if you weren’t wearing a seatbelt.

Whether or not you can make a claim depends on the circumstances of the incident and your specific injuries. The most important determining factor is fault — if another party’s negligence caused the accident, you can still pursue a claim.

However, the amount of compensation you receive may be reduced to reflect your contribution to the severity of your injuries — this is also known as contributory negligence.

How can contributory negligence affect my RTA claim?

Contributory negligence comes into play when your actions (or inaction) contribute to the harm and injuries you’ve suffered in a road traffic accident.

If your injuries could have been completely avoided by wearing a seatbelt, your compensation may be reduced by up to 25%. If your injuries were only partially worsened by not wearing a seatbelt, the reduction might be around 15%.

What to do straight after a car accident

To strengthen your road traffic accident claim, it’s vital to act quickly and gather evidence as soon as possible. Here’s a simple step-by-step detailing what you should do:

Seek medical attention and ensure all of your injuries are properly documented.
If possible, gather evidence by taking photos of the accident scene, your injuries, and any damage to your vehicle.
If possible, exchange contact information with the driver(s) involved.
Report the accident as soon as possible and notify your insurance provider.
Get help from a road traffic accident solicitor for expert legal advice and help throughout the claims process.

How long do I have to claim compensation for a car accident?

You have up to three years from the accident date to begin your claim. If you fail to start legal proceedings within this time, you may lose your right to claim.

If you’re unsure whether you’re still eligible to claim for an RTA accident, feel free to get in touch with our experienced team of personal injury solicitors, and we will be happy to help you.

Common injuries sustained from a car accident without a seatbelt

If you are in a car accident and you haven’t worn your seatbelt, the injuries can be more severe. Common road traffic accident injuries include:

Whiplash: Particularly severe in rear-end collisions.
Head injuries: Increased risk of head trauma due to the harsher impact on the vehicle’s interior.
Facial injuries: Cuts, bruises, and fractures from collisions with windows and dashboards.
Spinal and chest injuries: Higher risk of severe trauma and crushing injuries without the protective restraint of a seatbelt.

Average compensation amounts for road traffic accident claims

The compensation you could receive is determined by the severity of your injuries. However, not wearing a seatbelt may result in a reduced amount due to contributory negligence.

For an idea of how much compensation you could receive, below are typical compensation ranges based on a passenger wearing a seatbelt:

Compensation for minor road traffic accident injuries

For injuries like mild whiplash, facial cuts, and fractured bones, you may receive compensation of up to £9,000.

Compensation for moderate road traffic accident injuries

For injuries like fractured ribs or limbs, grade 5 whiplash, and head trauma, you may receive compensation from £9,000 to £35,000.

Compensation for serious road traffic accident injuries

For severe injuries like brain damage, internal organ damage, serious facial scarring, and amputations, you may receive compensation of up to £250,000.

Wrongful death in a road traffic accident

If you’ve lost a loved one in an accident, you may receive compensation of up to £250,000+.

How can a road traffic accident solicitor help you with your claim?

Navigating a personal injury claim can be stressful and time-consuming — especially when an element of contributory negligence is involved.

Our expert car accident solicitors can provide peace of mind by determining fault and evaluating your car accident claim’s viability. Our team can also gather evidence to minimise the impact of contributory negligence on your compensation and negotiate with your insurer to maximise your compensation award.

File your road traffic accident claim with Tylers Solicitors today

If you’ve been injured in a car accident without wearing a seatbelt, you shouldn’t let contributory negligence stop you from seeking justice.

At Tylers Solicitors, we specialise in securing compensation for road traffic accident victims, even in cases where a seatbelt wasn’t worn. We’re here to help you easily navigate the claims process and secure the compensation you deserve.

Contact us today to get started with your RTA claim.

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