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Can I Still Recover Damages If I Wasn’t Wearing the Seatbelt When the Accident Happened?

If your car accident was caused by another driver or by a defective car part, the fact that your seat belt was not fastened at the time cannot be used in the guilty party’s defense. Also, you may have a medical certificate stating you have an affection preventing you from wearing the seatbelt.


The first thing you should ask yourself in a situation like this is: who was responsible for the accident? In the case of a car crash, that happened because of some defective electronic components of the car or because of another person’s negligence, you have the right to request compensation from the manufacturer or from the guilty driver. Not wearing the seatbelt does not change the fact that the crash was not your fault. Of course, you are supposed to and have to use the seatbelt when driving, but the fact that it was not fastened at the time of the impact cannot change or offer the accused a chance to defend himself.

Also, if you possess a medical certificate stating you have an affection and you can not wear the seatbelt, you can definitely receive compensation on condition that the document’s period of validity has not expired.

There may exist discussions that you are guilty of contributory negligence by not using the safety belt. This could lead to a reduction in the amount you receive, but under no circumstances can this fact prohibit you from demanding compensation.

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Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.