Can I File an Auto Accident Claim if I Wasn’t Wearing a Seatbelt?
If you are involved in an accident that wasn’t your fault but forgot to buckle up, you may have questions about whether you are entitled to compensation for your injuries. At Amourgis & Associates, Attorneys at Law, we want to help you understand what it means for your insurance claim if you were not wearing a seatbelt at the time of a collision. For more information, contact our office for a free consultation with an Ohio car accident lawyer.
What Is the Law on Wearing a Seatbelt in Ohio?
Under Ohio’s seatbelt laws, all drivers and front-seat passengers age 15 or older must wear seatbelts. Children under 8 must be appropriately restrained in a child safety seat or booster seat unless the child is 4 feet 9 inches tall or above. Children aged 8 to 14 must be secured by the vehicle’s seatbelt. Although seatbelts are recommended, adults riding in the back seat have the option of not buckling up.
Can I File an Insurance Claim if I Was Not Wearing a Seatbelt During the Accident?
You can file an insurance claim if you were not wearing a seatbelt at the time of the crash. However, Ohio allows insurers and courts to consider whether a person was wearing a seatbelt during an accident when determining compensation.
This enables an insurer to argue that, even if you were not responsible for causing the crash, you are partially at fault for the severity of your injuries because you were not restrained. The insurer could use this information to argue that they should not be on the hook for your full medical expenses. They may claim your injuries would not have been as severe had you taken the legally required precaution of wearing a safety device. This strategy is sometimes called the “seatbelt defense.”
How Does Not Wearing a Seatbelt Affect an Insurance Claim in Ohio?
The seatbelt defense works because Ohio follows a modified comparative negligence rule when determining liability in a car crash. Under this rule, you cannot recover compensation in court if you are over 50 percent at fault for the accident. The amount of compensation you are owed is reduced by your share of fault.
The modified comparative negligence rule binds court decisions but not insurance claims. However, it will guide how an insurer values a claim. If you are partially liable for the severity of your injuries, the insurer may use this to justify offering you a lower settlement. So if you were not wearing a seatbelt when you got in a crash, the insurance adjuster could use the seatbelt defense to reduce the value of your claim. However, an experienced Akron personal injury lawyer can fight back against the strategy and pursue the full and fair compensation you deserve.
Contact an Ohio Car Accident Attorney for Help
If you were not wearing a seatbelt in a car accident, you might still be entitled to compensation through a car accident claim. However, maximizing the value of your compensation will likely require the help of a skilled Ohio car accident lawyer like the ones you’ll find at Amourgis & Associates, Attorneys at Law. Contact our office today to learn more during a free, no-obligation case review.
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At Amourgis & Associates, Attorneys at Law, we only represent consumers. We fight for regular people who have been seriously hurt in accidents. We fight for people who are being crushed by overwhelming debt and need a fresh start. We fight for individuals and families. Never businesses. Never insurance companies. We are loyal to the consumer.
