It is the law to wear a seatbelt whilst travelling in a vehicle in the UK. Wearing a seatbelt can protect yourself and others from catastrophic injuries and even death. Some people do however choose not to wear a seatbelt and can sadly face serious injuries if they are involved in a road traffic accident.
As it is against the law to travel without a seatbelt, many people believe that they will not be able to make a claim if they were involved in a car accident without a seatbelt. You may in fact still be eligible to claim for some damages.
If you’re driving a vehicle and have children under the age of 14 travelling with you, you are responsible for ensuring that they wear a seatbelt or are seated in a carry cot, car seat or booster cushion.
There are instances where you do not need to wear a seatbelt including:
There are other exceptions for the emergency services, such as people driving ambulances, police cars and fire engines.
It is possible to make a claim if you were in an accident without a seatbelt. However, the amount of compensation that you will receive is likely to be reduced to reflect this. This is because through wearing a seatbelt it is likely that your injuries would not have been as bad, you are therefore partly responsible for the extent of your injuries. This is known as contributory negligence.
Contributory negligence is the term given to describe a situation when both parties were to blame in some way for causing the accident or injuries.
For example, if you are travelling as a passenger in a vehicle fitted with seatbelts, you choose not to wear one, and the vehicle is involved in a collision – you would have contributed to making your injuries worse. When making a claim, your opponent’s personal injury solicitor is likely to use this in their defence for reducing the compensation amount.
There are many different scenarios when contributory negligence would apply, including:
The amount of compensation that you could receive is dependent on the individual circumstances of your case. Your solicitor will quantify the value of your claim based on the severity of your injuries, your lost income and rehabilitation needed.
If contributory negligence is factored into your claim then the amount of compensation that you could receive will be reduced by a certain percentage of the total. The percentage amount is not a set amount but the courts generally advise the following:
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