Yes, you can still file a personal injury claim even if you weren’t wearing your seatbelt, but it’s just harder to receive full compensation for your injuries and any expenses related to the accident if you weren’t wearing a seatbelt. That’s because the at fault driver will absolutely use the fact that you weren’t wearing a seatbelt against you. Their insurance company will most likely hire expert witnesses in order to gather evidence that proves that had you been wearing a seatbelt, you wouldn’t be as badly injured. If they can in fact prove this, then your compensation can then be greatly reduced. Here’s an example.
Let’s say you were involved in a car accident in Glendale, Arizona with a negligent driver and you WERE wearing your seatbelt. You sustained a broken arm and had to stay in the hospital for two days. In such a case, you will likely receive full compensation for your injuries and the cost of your hospital stay.
However, let’s say that you were involved in the same exact accident, but you were NOT wearing your seatbelt and you suffered a broken arm as well as brain injuries. If the negligent driver’s insurance company can prove that you only suffered brain injuries because you weren’t wearing a seatbelt, then you will likely only receive compensation for your broken arm.
In any situation where seatbelt issues are a point of concern in filing a potential auto accident claim, seeking legal assistance from an experienced Arizona car accident attorney may be a smart move. At Breyer Law Offices, P.C., we are more than happy to answer any questions you may have regarding your auto accident and subsequent injuries. Call us today at 623-930-8064.