After a car accident, insurance companies look for every possible way to reduce what they owe. One of the first questions they often ask is: “Were you wearing your seatbelt?”
If the answer is no, that detail could become a major factor in your claim, especially in California, where comparative negligence laws apply.
So, does not wearing a seatbelt affect an insurance claim? In most cases, yes, it can. Insurance companies may argue that your injuries were more severe because you weren’t properly restrained, which could reduce your compensation.
At The Capital Law Firm, we are all too familiar with the “seatbelt defense” – and we know how to fight it. In this guide, we will explain how these claims work, what your rights are, and how an experienced car accident lawyer can protect your recovery.
Understanding California’s “Comparative Negligence” Rule
California follows a pure comparative negligence system. This means that even if you were partly at fault for your injuries, you can still recover compensation, but your total award is reduced by your percentage of fault.
This rule allows injured people to pursue compensation even when they’ve made a mistake, but it also gives insurance companies room to argue that you share more blame than you deserve. That’s where an experienced attorney becomes crucial, so you have an expert on your side to push back and make sure your compensation isn’t unfairly reduced.
How Insurance Companies Use the “Seat Belt Defense”
When someone isn’t wearing a seatbelt, insurance companies often rely on what’s known as the seatbelt defense. They claim that, while their policyholder may have caused the accident, the victim’s injuries wouldn’t have been as severe if they had been buckled up.
Imagine this scenario: You’re stopped at a red light when another driver, texting behind the wheel, rear-ends your car. The impact sends you forward, causing serious chest and facial injuries. The other driver’s insurance company admits fault for the crash but argues that your injuries were made worse because you weren’t wearing your seatbelt.
Now, instead of covering your full damages, they try to reduce your payout by 30–40%. Without legal representation, that reduction could mean losing tens of thousands of dollars, even though you weren’t responsible for causing the crash.
Insurance adjusters use this tactic frequently, citing California Vehicle Code §27315, which requires drivers and passengers to wear seatbelts. But it’s important to understand: violating the seatbelt law doesn’t automatically disqualify you from compensation. It simply becomes one more factor in the comparative negligence analysis, and the amount of “fault” they assign to you can often be challenged.
Does a Seat Belt Violation Affect Insurance Premiums?
In California, a seatbelt ticket is considered an infraction, not a moving violation, so it typically doesn’t add points to your driving record. However, insurance companies can still use the citation as an indicator of risky driving behavior.
While one ticket may not cause your rates to skyrocket, a pattern of violations, including failing to wear a seatbelt, distracted driving, or speeding, could increase your premiums. More importantly, if you file a claim after an accident where you weren’t wearing a seatbelt, the insurer may factor that into future rate adjustments or even label you as a higher-risk driver.
Simply put: a seatbelt violation can hurt you twice – once in your injury claim, and again when your insurance renews.
How a Lawyer Can Protect Your Claim
Facing an insurance company after a car accident can feel overwhelming, especially when they’re using the seatbelt defense to limit your recovery. A skilled attorney can step in and level the playing field by handling every aspect of your case, from investigating the crash to negotiating with the insurer.
Here’s how a Los Angeles accident attorney from The Capital Law Firm helps protect your rights:
- Investigating the cause of the crash – We collect evidence to prove that another driver’s negligence was the primary cause of your injuries, regardless of whether you wore a seatbelt.
- Consulting medical experts – Our access to top-quality physicians allows us to show that your injuries could have occurred even with a seatbelt, or that the crash impact was severe enough to cause harm either way.
- Challenging comparative fault claims – We analyze crash data, vehicle damage, and medical records to push back against exaggerated fault percentages.
- Negotiating fair compensation – With extensive insurance company experience, we know their tactics — and how to counter them effectively.
- Taking cases to court when necessary – If an insurer refuses to settle fairly, we’re prepared to litigate and present your case before a jury.
Our firm also prides itself on being tech-forward and highly responsive. We manage evidence digitally for faster case turnaround and maintain open communication so you’re never left wondering about the status of your claim.
What Damages Can You Still Recover?
Even if the insurance company argues that you were partially at fault for not wearing a seatbelt, you can still recover significant compensation under California’s laws. Common recoverable damages include:
- Medical expenses: Hospitalization, surgery, medication, rehabilitation, and long-term care.
- Lost wages: Income missed during recovery or permanent loss of earning capacity.
- Pain and suffering: Physical pain, emotional trauma, and diminished quality of life.
- Property damage: Costs of repairing or replacing your vehicle.
- Loss of consortium: Compensation for the impact on your relationship or family life.
Every case is unique, and the percentage of fault assigned can make a huge difference in your final settlement. That’s why having an experienced legal team on your side can directly influence the outcome, often recovering far more than what an insurer initially offers.
FAQs: Seatbelt Laws and Insurance Claims
Can I still file a claim if I wasn’t wearing a seatbelt?
Yes. California’s comparative negligence system allows you to recover compensation even if you were partially at fault. Your settlement might be reduced, but you’re not barred from filing a claim.
Will the insurance company automatically deny my claim?
No. They may try to argue that your injuries were worse because you weren’t buckled up, but with strong evidence and legal advocacy, that argument can be minimized or disproven.
Does not wearing a seatbelt affect insurance claim payouts?
Yes. In California, not wearing a seatbelt can reduce your insurance payout under the comparative negligence rule. You can still recover compensation, but your total may be lowered if the insurer proves your injuries were made worse by not wearing a seatbelt. For example, if you’re found 20% at fault, your payout could be reduced by that amount. An experienced attorney can challenge this “seatbelt defense” and protect your claim’s value.
What if my child wasn’t wearing a seatbelt?
If a minor wasn’t properly restrained, it can complicate the claim, but liability typically still rests with the negligent driver. Your attorney can help address child restraint laws and advocate for fair compensation.
What is the penalty for not wearing a seatbelt in California?
As of now, the base fine is about $20 for a first offense and $50 for subsequent ones. However, after fees and assessments, the total cost can exceed $160.
How long do I have to file a car accident claim?
In most cases, California gives you two years from the date of the accident to file a personal injury claim. However, deadlines can vary depending on the circumstances, so it’s best to speak with an attorney as soon as possible.
Can an attorney really make a difference?
Absolutely. Represented claimants often recover significantly more than those who handle cases alone, even after legal fees. An attorney ensures your side of the story is heard and prevents insurers from taking advantage of technicalities like the seatbelt defense.
Contact Us to Discuss Your Car Accident Claim
If you were injured in a car accident, whether you were wearing a seatbelt or not, you still have rights under California law. Don’t let an insurance company use this as an excuse to shortchange your recovery.
At The Capital Law Firm, we’ve helped countless accident victims across Los Angeles and throughout the state recover the compensation they deserve. Our team offers:
- 24/7 availability in English and Spanish
- Direct, personalized attention from experienced attorneys
- Access to top medical specialists
- Efficient, tech-driven case management for faster results
We know the insurance companies’ playbook, and we know how to fight back.
Call (213) 818-7232 today for a free, confidential consultation to learn how we can help you protect your claim and your future.
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