Seatbelt Injury Claims – How Much Compensation Could I Receive?
By Cat Way. Last Updated 16th June 2023. Welcome to our seat belt injury claims guide.
When travelling in a vehicle, it is required by law that all persons over the age of 12, have to wear a seatbelt. Children under 12 years of age or under 135cm in height, have to be in a suitable child seat, again by law. There are a few other exceptions to this law also which are mentioned further on in this seatbelt injury compensation guide.
In the occurrence of a road traffic accident, wearing a seatbelt can save people’s lives or at least prevent the more serious injuries you may sustain in a crash. However, unfortunately, seatbelts can actually cause injuries too when in a collision such as seatbelt injuries of the spine or abdomen, or seatbelt injuries to chest muscles and so on.
If you have a seatbelt injury and would like to know how to claim, read through our information guide to find out more. Or, contact our team:
Select a Section:
- Seat Belt Law In The UK – How Could It Affect A Road Traffic Accident Claim?
- Will The Whiplash Reforms Affect My Claim?
- What To Do If You Suffer A Seat Belt Injury
- Seatbelt Injury At Work Claims
- Compensation Guidelines For Personal Injury – Seatbelt Injury Claims Calculator
- Solicitors For Car Accidents – No Win No Fee Claims
As already stated, a car accident could cause seat belt injuries, including bruising and cracked ribs. If another driver owed you a duty of care and you sustained injuries caused by wearing a seat belt because they breached this, you might be able to make a road traffic accident claim. The duty of care means that drivers need to do everything they reasonably can to prevent themselves and other road users from experiencing harm.
In addition, the Road Traffic Act also legislates seat belt usage. These rules can also be found in Rules 99 and 100 of the Highway Code. It states that drivers are responsible for ensuring that themselves and children aged 13 and under are wearing seat belts or in the correct child restraint. All passengers aged 14 and over are responsible for ensuring that they are wearing seat belts. Some exceptions could apply.
Although you may still have a valid claim if you are injured while not wearing a seat belt, this could impact how much compensation you recover. Not wearing a seat belt is not only illegal but in a personal injury claim, could be considered contributory negligence. Additionally, you could be fined up to £500 if you or the children you are responsible for are not wearing a seat belt.
Further into this guide, we examine the road traffic accident claim process as well as look at what evidence you could submit. You will need to prove your injuries, including those caused by your seat belt and that a breach in the duty of care you are owed caused them.
Call our advisors to learn more about how the seat belt law in the UK could affect your claim.
It’s important to know that if any injury sustained in a road accident falls below the value of £5,000, then you may need to claim in a different way. This would be in line with the Whiplash Reform Programme (WRP), using an online portal. However, the value of your claim is not the only factor that informs your eligibility. Here are the other criteria:
- The injury must have occurred in England or Wales
- It must have taken place on or following 31st May 2021
- The claimants must be 18 or over
- Only drivers and passengers may make use of the WRP
If claiming through the WRP, your compensation would be based on the tariff of injuries in the Whiplash Injury Regulations 2021. If you have any questions, please do not hesitate to get in touch.
If you are involved in a road traffic accident and suffer a seat belt injury as a result, you could be eligible to make a personal injury claim. However, you will need to prove that negligence occurred.
Collecting sufficient evidence could help support your personal injury claim. It could help prove who was liable for the accident and the severity of your seat belt injuries. Some examples of the evidence you could collect include:
- Witness contact information: If other people saw the accident occur, they could provide a statement later on.
- Photographs of your injuries: For example, a photo of your seatbelt bruise.
- A copy of your medical records: This could help prove the type and severity of the injury you suffered.
- CCTV/dashcam footage: This can help to show who was at fault or involved in the accident.
Contact our advisors today to see whether you could make a personal injury claim for a seat belt bruise. They may also connect you with one of our solicitors who could help you collect evidence for your claim.
Injury From A Seatbelt – How Long Do I Have To Claim?
If you’ve suffered from seatbelt bruises, a seatbelt burn on your neck, or another injury from a seatbelt after a road traffic accident, you may be interested in claiming compensation. But it’s important to ensure that your claim is started within the relevant time limit.
According to the Limitation Act 1980, you have three years to start a personal injury claim starting from the date the accident occurred. However, this time limit comes with some exceptions.
For example, the time limit freezes if you are injured while under the age of eighteen. While it is frozen, a litigation friend can start your claim on your behalf. Otherwise, it reinstates on your eighteenth birthday and runs until your twenty-first.
The time limit is suspended indefinitely for those who lack the mental capacity to make a claim. If they recover the capacity to claim for themselves, then the time limit will come back into effect on the date that they recover. If not, a litigation friend can make their claim on their behalf.
Contact our team today to learn more about time limits in personal injury claims.
If you’re interested in making seatbelt injury claims, for example, you may have suffered a seat belt bruise, this could be for a work-related accident.
If you have had an accident whilst driving a works vehicle in work time that has resulted in a seatbelt injury, then you might be able to make a seat belt accident claim. However, depending on the circumstances you could claim from the driver who is at fault, or if your injuries are found to be due to a malfunction or defect of your seatbelt, then your employer might be seen as liable and so you would claim from them. The accident could also be down to the seat belt manufacturer.
This is where our expertise and efficiency can really help you to have a good case to get you the compensation you are entitled to after suffering a seat belt injury. There are so many variables on who could be found liable when injured at work we’d strongly advise contacting us today.
If your seatbelt injury was someone else’s fault, you may have grounds to claim. However, it can be helpful to look at compensation guidelines for personal injury claims to get an idea of the potential worth of your own claim. You could also use our online compensation calculator for an estimate of the value of your claim.
The compensation you may receive is determined by the severity of your injuries and their impact on you. For instance, seat belt injuries to chest muscles may fall under a different severity category than a seat belt bruise after a car accident. Solicitors also use payout amounts from the Judicial College Guidelines (JCG) to assist in determining the worth of claims.
You could claim general damages for your pain and suffering as well as special damages to recover your financial losses due to the injury. The compensation guidelines for personal injury found in the table below are taken from the April 2022 edition of the JCG. However, the amounts in the table may not exactly match the amount of compensation you receive in a successful claim as every claim is different.
|Reason for compensation||Typical compensation amount||Comments|
|Moderate neck injury (i)||£24,990 to £38,490||Long term damage causing pain and restricting movement.|
|Minor neck injury (iii)||Up to £2,450||Short term damage to the neck such as whiplash causing pain.|
|Chest injuries (a)||£100,670 to £150,110||This refers to serious heart or lung damage. Pain and suffering will be ongoing.|
|Chest injuries (b)||£65,740 to £100,670||Traumatic injury to chest, lung or heart causing permanent damage|
|Chest injuries (g)||Up to £3,950||Fractures to ribs or injury to soft tissue|
|Severe shoulder injury||£19,200 to £48,030||Pain and reduced movement of the arm.|
|Moderate shoulder injury||£7,890 to £12,770||Pain and reduced movement of the arm.|
|Minor shoulder injury (i)||£4,350 to £7,890||Pain and restriction of the arm as a result of the injury that is short term.|
|Mental anguish||£4,670||Fear of death and expectation of end of life|
More compensation payouts for seatbelt injuries
The compensation table above shows figures that relate to the general damages head of your claim. General damages relate directly to the pain and suffering your seat belt injury has caused. This includes physical and psychological injuries. When making seatbelt injury claims, as with any personal injury claim, you can also potentially receive compensation under special damages.
Special damages relate to the financial losses caused by the injury. For example, if you’ve suffered a severe seatbelt bruise or laceration, you may need to pay for travel expenses because you’re unable to drive while the injury heals. You could claim these expenses back under special damages. To do this, you would need sufficient evidence to show the value of the losses. Potential evidence you could use includes invoices, receipts and bank statements.
To learn more about compensation payouts for seatbelt injuries, please contact us for free legal advice using the details above.
When seeking the services of solicitors for car accidents and seat belt injuries, you may be concerned about the cost of hiring one since there is not always a guarantee that you will successfully claim compensation.
If you want to hire a solicitor to help you make an injury claim for a car accident and are concerned about finances, a No Win No Fee arrangement might appeal to you. Through this type of arrangement, such as a Conditional Fee Agreement, you would not be required to pay your solicitor an upfront fee.
Any ongoing legal costs are covered as well. They will also deduct a legally capped success fee from your compensation if you claim compensation. If your claim fails, your solicitor is not paid this fee.
Our solicitors can all work under No Win No Fee contracts if this is something that appeals to you.
If you have any queries regarding seatbelt injury claims or believe you may be entitled to claim due to a seat belt bruise, contact our team today. Your call will be answered by a member of our professionally trained team who will help you in any way that they can regarding your claim. They can answer your questions and explain the next steps in the claiming process and begin launching your claim to secure the payout you deserve:
- UK government advice on seatbelts
- UK government website listing the pros and cons of wearing seatbelts.
- LegalExpert.co.uk guide to car accident claims
- This link takes you to another of our pages focusing on car accident claims.
- Learn about taxi accident claims and find out how a solicitor could help you.
Thanks for reading our seat belt injury claims guide.