Wearing a seat belt is not only a legal requirement in the UK but a vital aspect of road safety. A seatbelt restrains drivers and passengers to prevent more serious injuries but certain persons, such as delivery drivers and emergency services, can be exempt from wearing seatbelts in some scenarios. So, to clear things up a little bit, we’ve created this guide on how you can claim for a car accident without a seat belt.
The short answer is, yes you can still claim compensation for a car accident that was not your fault if you weren’t wearing a seatbelt at the time. However, it is quite likely the compensation will be reduced by a certain degree, unless you are legally exempt from wearing a seatbelt, such as for medical reasons.
Key Takeaways
- Seat belts dramatically reduce the risk of serious, and fatal, injuries by preventing you being ejected from the vehicle, spreading the force of the crash across strong bones and keeping you in the correct position to benefit from airbags and other safety features.
- Not wearing a seat belt, if you don’t have a valid exemption, can reduce the amount of road traffic accident compensation you are entitled to.
- Contributory negligence means that you have contributed to the injuries suffered through your own actions, which is relevant to claims made when someone wasn’t wearing a seatbelt who should have been.
- Legal Expert’s dedicated road traffic accident solicitors have years of experience and can offer eligible claimants their services on a strict No Win No Fee basis.
- We maintain a 24/7 advice line so you can access free, straightforward guidance whenever it suits you.
Further information, free legal advice as well as a zero obligation eligibility check can be sought from our advisory team. Talk to us today using the contact information provided here:
4.8 (466 reviews) - Call us on 0800 073 8804.
- Contact us online by completing a callback form.
- Open the live chat window in the bottom left of your screen.
Can I Claim For A Car Accident Without A Seat Belt?
Yes you can claim for a car accident without a seat belt, but the amount of compensation you are entitled to will most likely be less than if you were wearing one. Road users all have a duty of care to each other in that they must do everything they can to avoid causing harm. This involves adhering to relevant legislation such as the Road Traffic Act 1988 as well as the rules and laws of the Highway Code.
The eligibility requirements for road traffic claims have been summarised here:
- You were owed a duty of care. Another road user needs to have owed you a duty of care at the time of your accident. Every road user has a duty of care to each other so it is possible for more than one individual to owe a duty of care at once.
- This duty was breached. You need to show that the duty was breached in some way. In road traffic accident claims, this comes down to ignoring traffic rules such driving dangerously, being under the influence of alcohol or not paying adequate attention.
- That breach resulted in an accident in which you were injured. You need to have experienced at least some harm in order to claim compensation. This can range from minor cuts and bruising to life-changing or life-threatening injuries.
You can get a free eligibility check or learn more about the personal injury claims process by speaking to our advisory team today.
What If I Was Exempt From Wearing A Seatbelt?
If you were exempt from wearing a seatbelt at the time of the accident, then this will generally not be considered contributory negligence and therefore will not impact your claim. While the vast majority of drivers and passengers must wear their seatbelts (or be suitably restrained by a child seat or carrier in the case of babies and small children) some exceptions apply in limited circumstances.
Per the government website, the following persons do not need to wear a seatbelt:
- While reversing your vehicle, or supervising a learner driver who is reversing.
- Police, fire and rescue services may remove their seatbelts if situations arise that require freedom of movement.
- Delivery drivers who are travelling no more than 50m between each stop.
- Licensed taxi drivers who are looking for customers, whether to be hailed in the street or waiting at a taxi rank. This is known as “plying for hire”
- Licensed taxi drivers, drivers of private hire vehicles such as limousines, are also not required to wear seatbelts when carrying passengers.
- Passengers in trade vehicles who are investigating faults.
- Those with medical conditions that prevent the wearing of seatbelts and who bear a valid medical exemption certificate from their doctor.
To learn about how a legal exemption may impact your claim for a car accident without a seatbelt, talk to our team today.
How Might Not Wearing A Seatbelt Impact My Claim?
Not wearing a seat belt will impact your claim by potentially reducing the total amount of compensation you could receive. This is due to contributory negligence, the idea that you as the injured person have contributed to your injuries in some way, even if the accident was not your fault.
Seat belts are vital safety features not wearing one will usually mean your injuries are a lot more severe. Your total payout may therefore be reduced by the following increments:
- Up to 25% if wearing the seat belt would have prevented most of the injuries.
- Around 15% in cases where the seat belt would have led to less severe injuries.
- No reduction if wearing the seatbelt would have made no difference.
Scenarios could also arise in which your vehicle is hit before you have a chance to put on your seatbelt. For example, if you got into your car and were taking something out of your glovebox when you got rear-ended, you could be seriously injured.
The exact reduction, if there is any reduction at all, will depend on your individual circumstances so make sure you seek the right legal advice. Talk to our advisors today to find out more about claiming compensation.
Will The Whiplash Reforms Affect My Claim For A Car Accident Without A Seat Belt?
The Whiplash Reform Programme could affect a claim for a car accident without a seatbelt by changing how certain claims are made. Whiplash is a neck injury caused by sudden head movement, and the reforms brought in new rules for these types of claims.
The Whiplash Injury Regulations 2021 altered the way in which low-value road traffic accident claims are made and how these injuries are valued. For adult passengers and drivers whose total injury value is less than £5,000, the claim will need to be made through a different avenue. For claims where whiplash injuries have been sustained but the total value is above £5,000, which is very likely if a seatbelt was not worn, then the claim will need to be made in the usual way.
The regulations also provided a fixed whiplash tariff for valuing these types of claim. You can learn more about the new whiplash claim rules by reading our guide on the subject or by speaking to our advisors today.
How Much Compensation Could I Claim For A Car Accident Without A Seatbelt?
You could potentially receive thousands in compensation following a successful claim for a car accident. There are two heads of claim under which this compensation may be calculated. These are:
- General damages: payments for your physical and psychological injuries.
- Special damages: payments for associated financial harm. We take a more detailed look at special damages in the next section.
In order to determine a potential general damages figure for your claim, solicitors can use your medical evidence alongside the Judicial College Guidelines (JCG). This publication sets out compensation brackets for various injuries, some of which have been used in the table here. We should emphasise that the first figure is not a JCG bracket.
Compensation Table
Please note that the information in this table is intended to act as guidance only.
| Type of Injury | Severity | Guideline Payout Figure |
|---|---|---|
| Multiple Very Serious Injuries + Special Damages | Very Serious | Up t £1,000,000+ |
| Head Injuries and Brain Damage | Very Severe (a) | £344,150 to £493,000 |
| Moderate (c)(i) | £183,190 to £267,340 | |
| Neck Injuries | Severe (a)(i) | In the region of £181,020 |
| Moderate (b)(i) | £30,500 to £46,970 | |
| Facial Disfigurement | Very Severe Scarring | £36,340 to £118,790 |
| Less Severe Scarring | £21,920 to £59,090 | |
| Chest Injuries | Permanent Damage to the Chest and Internal Organs (b) | £80,240 to £122,850 |
| Some Continuing Disability (c) | £38,210 to £66,920 | |
| Other Arm Injuries | Less Severe Injury | £23,430 to £47,810 |
Can I Claim For Financial Losses After A Car Accident If I Wasn’t Wearing A Seatbelt?
Yes you can be compensated for financial losses as part of your claim for a car accident without a seat belt. Both past and future losses can be compensated under special damages, so it is very common to see payouts for costs be much higher than those for injuries.
Examples of financial losses that could be reimbursed as part of special damages include:
- Loss of earnings due to any time taken off work.
- Loss of future earnings if you remain unable to work, unable to work the same hours or to the same capacity.
- Transport expenses to and from hospital appointments or your work.
- Medical costs like physiotherapy, medications or counselling.
- Care and support around the home if you cannot complete these tasks safely by yourself. This could include cleaning, gardening and maintenance tasks, childcare and preparing meals.
- In cases where mobility has been affected, accessibility installation may be required in the home. You could be reimbursed for the cost of wheelchair ramps, a stairlift or home alarm systems.
You’ll need proof of any costs you’re looking to claim compensation for so make sure you have the right documentation. Purchase receipts, bills for care and home installations, your payslips and any bus or train tickets can all be used.
While we’ve done our best to be thorough, this section is intended only as rough guidance. You can ask further questions about potential compensation in your specific circumstances by speaking to our advisory team today.
What Will I Need To Prove Someone Else’s Negligence Caused The Accident?
You will need supporting evidence, like video footage of the accident occurring, to prove that someone else’s negligence caused the accident. There are other important steps to take, which we have set out for you here. As always, further questions can be addressed to our advisory team.
Prioritise Your Health
Before you do anything else, you should always seek proper medical care and attention, calling an ambulance if necessary. Your health and well-being are, of course, the primary concern, but the medical records from your treatment can form part of your supporting evidence.
Collect The Right Evidence
Evidence is key to proving you weren’t at fault for the accident. Examples include:
- As stated above, your medical records will be very useful in showing what injuries were sustained and how serious they were. You have the right to request copies of scans and test results, and any other records from your treatment.
- Proof of your exemption if you have it. If you fall into one of the categories for exemption from wearing a seatbelt, make sure you provide any supporting documents.
- CCTV and dashcam footage can be a great way to show the incident unfolding.
- Photograph your injuries, the involved vehicles and accident scene.
- Take the insurance details, contact information, and vehicle registration of any involved drivers.
- Persons who saw the accident occur could provide a witness statement so make sure you take down any relevant contact information so the solicitor can get in touch with these persons.
If your injuries prevent you from gathering evidence yourself, then someone else can take photographs and get the right contact information. Remember, the sooner you gather evidence and establish what happened, the harder it will be for the defendants to dispute your version of events.
Report The Accident
Following a road traffic accident, the relevant insurers should be notified. The police will also attend the scene of a collision if anyone is injured. In cases where a vehicle fails to stop, has no insurance, or is stolen, a claim can be made through the Motor Insurers’ Bureau (MIB).
Track Your Symptoms
Maintain a diary during your treatment, keeping track of your symptoms and mental state. This is a good way of showing how the accident has affected you, and gives a more human aspect to your supporting evidence.
Get Legal Advice
We can offer free legal advice as well as a free eligibility check to anyone who contacts us. By getting solid advice before the claims get underway, you’ll have a better idea of what compensation you could be entitled to, as well how the claims process works. For your free eligibility assessment, speak to one of our advisors today.
Check The Time Limits
Every claim needs to be made within the relevant time limit. Generally speaking, there is a 3 year time limit counted from the date of the accident as per the Limitation Act 1980. That said, certain exceptions to the limitation period may apply in some cases. You can view our guide on the topic for more information, or get in touch with our advisors via the contact details given below.
How A Car Accident Expert Can Help Your Claim
A car accident expert can help your claim by providing knowledge and a skillset built from years of experience. Legal Expert is a trusted law firm with some solicitors boasting careers of over 30 years. In short, we’ve seen it all and if there’s one thing all those years of hard work and big wins have shown us, it’s that no 2 claims are ever quite the same.
So, we pride ourselves on providing a service that is as unique as you are! Our solicitors really take the time to not only understand the particulars of your case but also your personal needs, to make sure you have the right support throughout the claims process.
Ways Our Solicitors Can Help You
Here are just of the ways our road traffic accident experts can help you and the services they can provide:
- Ensuring you receive all necessary medical care, treatment and rehabilitation.
- Keeping you informed of how the claims action is progressing.
- Explaining all the tricky legal language. You can see our legal glossary here for more guidance on the legal terms.
- Calculating a potential settlement figure for the claim, taking into account any related financial losses.
- Assisting you with gathering evidence.
- Meeting with the defendant’s solicitors and negotiating a resolution.
Legal Experts’ work to strict No Win No Fee criteria, offering claimants a Conditional Fee Agreement (CFA). The CFA insulates the claimant from various fees, meaning you won’t have to pay any service fees to the solicitor at the start of, or during the claims process. Should the claim not be successful, you will also not be on the hook for any service fees.
As this is a No Win No Fee agreement, you will only pay a service fee to the solicitor if they win the claim. This success fee, as it’s known, is taken as a percentage of your compensation. Solicitors can charge a maximum of 25%, capped by The Conditional Fee Agreements Order 2013 so most of the payout is yours to keep.
Contact Our No Win No Fee Solicitors
Further information, free advice or a zero-obligation eligibility check can be sought from our advisory team. Talk to us today using the contact information provided here:
- Call us on 0800 073 8804.
- Contact us online by completing a callback form.
- Open the live chat window in the bottom left of your screen.
More Information
You can read some more of our road traffic accident claims guides here:
- Find out more about split liability claims using our guidance.
- Learn when you could make a hit and run claim after a driver failed to stop at the scene.
- Read our guide to uninsured driver claims here.
These external resources offer further information that we hope is useful to you:
- See the CLICK is the sound seatbelt campaign from THINK!.
- Find out how the MIB reduces costs and improves safety for drivers on its website.
- The government has published this resource on vehicle insurance.
Thank you for reading our guide to making a claim for a car accident without a seat belt.