Wearing a seatbelt is required by law in the UK, so you might think you won't be able to claim compensation if you weren’t wearing one and were involved in a collision. However, this isn’t true - you might still be able to claim damages even if you weren’t wearing a seatbelt.
Our lawyers have experience with a wide range of road traffic accident claims. We’ve secured over £1.5 billion in personal injury compensation for our clients in recent years.
If you’ve been injured in a road traffic accident while not wearing a seatbelt, our expert solicitors can help you. Contact our team of specialist solicitors to see if you can claim.
What’s the law on wearing a seatbelt?
If you’re travelling in a vehicle that has seatbelts fitted, you’re required by law to wear one.
The driver of a vehicle must make sure that all children under 14 years of age wear seatbelts or sit in an approved child seat. If a child is under 1.35 metres tall, a baby seat, child seat, booster seat, or booster cushion suitable for the child's weight must be used, and it must be fitted to the manufacturer's instructions.
However, you don't have to wear a seatbelt if:
- You’re a passenger on a bus that’s not been fitted with seatbelts (or you were a standing passenger)
- You’ve a medical exemption certificate
- You're making deliveries or collections in a goods vehicle and are travelling less than 50 metres.
There are other specialist exemptions for very particular circumstances. If you should’ve been wearing a seatbelt in an accident and are injured or sustain worse injuries as a result, then this could affect the amount of compensation you receive.
What is contributory negligence?
If you’ve sustained an injury where someone else is to blame, but at the same time you were also partly to blame for the accident or your injury in some way, this is called “contributory negligence”.
Simply put, it means that your own behaviour has in some way contributed to the injuries. Your opponents’ solicitors could use this as an argument for reducing the amount of compensation you can receive.
What are some examples of contributory negligence?
Contributory negligence can apply in many situations. For example, if a driver or passenger wasn't wearing their seatbelt in a road traffic accident, and was injured, or more badly injured, as a result
There can be many other situations where contributory negligence can apply.
How much can I claim for a road traffic accident if I wasn’t wearing a seatbelt?
The amount you could claim will depend on the circumstances of your accident, injuries, and occupation.
The law isn’t fixed, but the courts have given general guidance. If you weren't wearing a seatbelt, the amount you could claim might be reduced by a percentage of the total sum:
- If your injuries would’ve been avoided if you were wearing a seatbelt, then your compensation can be reduced by 25%
- If your injuries would’ve been less serious if you were wearing a seatbelt, then your compensation can be reduced by 15%
- If your injuries would’ve been the same if you were wearing a seatbelt, or worse, then your compensation shouldn’t be reduced.
However, a Court can impose whatever reduction it considers is fair and just in the circumstances.
How can Irwin Mitchell help?
Our specialist solicitors have decades of experience helping clients secure compensation after a road traffic accident, even if they weren’t wearing a seatbelt. We understand the complexities of the law and will be able to navigate the seatbelt laws to make sure you receive compensation for your injuries.
Our offices are around the UK, which means there’ll always be an expert in an office near to you. If you’d prefer, we can arrange phone or video calls if this is easier for you. We’ll always work in a way that’s best for you.
We also strongly believe that having access to the right rehabilitation is key both during and after your claim. Our Support and Rehabilitation Coordinators will be on hand to help you identify and find the support you need. This could be:
- Financial support
- Physical support
- Psychological support.
When you receive your compensation, you might have questions about managing your finances. Our Asset Management team is made up of financial experts, ready to answers any questions you have. They can also answer any questions you have about investing your money if this is something you’re interested.
We can set you up a personal injury trust, which makes sure your compensation doesn’t impact any means-tested benefit you’re entitled to.
