If you don’t “click it” and wear your seatbelt while driving, you can not only get a ticket, but you could impact your insurance settlement in an accident. If you or your passengers suffer injuries in the crash, an insurance company likely won’t deny your claim, but it may argue that failure to wear a seatbelt compounded the damages. Reduced compensation can leave you with hefty expenses that you must pay out of pocket.

What Happens If You Have a Car Wreck While Not Wearing a Seatbelt?

The insurance consequences of having a traffic accident while not buckled up can depend on the type of policy you have and which driver caused the collision.

Who’s At Fault?

Let’s say you’re driving down the road at 40 miles per hour when another driver pulls out of a parking lot and collides with your car. In some states, the at-fault driver’s liability insurance should pay for your car repairs and medical costs.

However, the other motorist’s insurer might dispute the claim and pay an insufficient settlement or no settlement at all. If this happens, you can file a claim against your collision insurance—if you carry the coverage—to pay for your car repair costs. If you carry uninsured motorist or medical payments coverages, one or both may pay for your medical expenses.

But if you’re in an accident while not wearing a seatbelt, it can complicate any insurance claim. 

“If you’re in a car accident without a seatbelt, you risk severe injuries and possibly reduced compensation,” said attorney Angel Reyes, a managing partner at Angel Reyes and Associates in Dallas, Texas. “An at-fault driver’s insurance company will argue that not wearing a seatbelt contributed to your injuries, which could lower the amount you’re entitled to receive.” 

If you file an injury claim against your medical payments or uninsured motorist insurance coverages, your own insurance provider may make the same argument and reduce your settlement payment.

No-Fault States

Some states have no-fault laws, which require all automobile owners to carry personal injury protection (PIP) coverage. PIP covers medical and rehabilitation expenses and may include funeral, survivor loss, and work loss benefits. 

In no-fault states, each driver must file injury claims against their own PIP policies. For example, if you live in a no-fault state and cause an accident, you must file an injury claim with your insurer and the other driver must file a claim with theirs. Legislators have designed no-fault laws to reduce the number of lawsuits associated with automobile accidents.

However, if you have an accident while not wearing a seatbelt and file a claim against your PIP coverage, the insurance company may limit your settlement, claiming that your negligence contributed to your injuries.

PIP coverage does not pay for auto repairs or other types of property damage.

Why Might the Insurance Company Pay Less on Your Claim?

When you’re involved in a traffic accident while not wearing a seatbelt, you run the risk of the insurance provider denying or limiting your claim based on a common law tort called “contributory negligence.” Insurers apply contributory negligence to assign levels of blame for an accident. For instance, if you hit a vehicle that pulls out in front of you, an insurance adjuster may determine that the other driver bears 60% of the blame for their actions, while you bear 40% of the blame because you were speeding.

Failing to wear a seatbelt can impact a contributory negligence ruling when an accident causes injuries. 

“Insurance companies may argue contributory negligence, claiming that you failed to protect yourself, worsening your injuries,” Reyes said. “For example, if a seatbelt could have minimized a head injury, they might use this against you to reduce compensation. With the right legal support, you can challenge these claims and focus on the other driver’s actions as the primary cause of your injuries.”

Failure to wear a seatbelt might also earn you a citation. Thirty-five states enforce primary seatbelt laws and 14 states enforce secondary seatbelt laws. Primary laws enable law enforcement officers to issue a traffic ticket at any time when a driver or passenger isn’t wearing a seatbelt. Secondary laws only allow an officer to issue a ticket when another citable traffic violation occurs, such as speeding or reckless driving.

According to the National Highway Traffic Safety Administration, fines for failing to wear a seatbelt can range from $25 to $200. Seventeen states impose fines of at least $30, including Texas, which levies a penalty of $200 for the first offense.

If a Passenger In Your Car Wasn’t Wearing a Seatbelt, Does That Affect Your Claim?

Although a passenger’s failure to wear a seatbelt can land you a costly traffic fine, it typically won’t impact an insurance claim. However, in certain cases, a passenger’s actions could affect a contributory negligence ruling. 

“A passenger not wearing a seatbelt might affect their claim but typically won’t impact yours unless their actions contributed to the crash,” Reyes said. “For example, if an unbuckled passenger distracted you, insurers could argue this played a role in the crash.”

What to Do If You Were Not Wearing a Seatbelt in an Accident

If you’re involved in a traffic accident, you should always:

• Call emergency services if anyone was injured. 
• Call the police if there are injuries or damage involved. While you may not be required to have a police report to file a claim in your state, the process can go more smoothly if you have one to back up your claim. 
• Exchange contact information, driver’s license numbers, and car registration details with the other driver.
• Get contact information from passengers and witnesses.
• Document the damages and crash scene using a camera or cell phone.
• Notify your insurance provider as soon as possible.
• In some states, you must also notify the Department of Motor Vehicles when injuries or vehicle damage exceeds a specified dollar amount.

If you were not wearing a seatbelt when the crash occurred, do not discuss the matter with the other driver or law enforcement. 

“Avoid mentioning not wearing a seatbelt until you’ve consulted an attorney, as it could be used against you,” Reyes said. “If you had a valid reason, such as a medical issue or emergency, your attorney can help protect your rights. Insurance companies may try to use seatbelt issues to minimize claims, but fault lies with the cause of the crash, not just whether you were buckled up. An experienced attorney can help ensure the focus stays on what caused the crash, protecting your right to fair compensation.”