Injured in Accident While Not Wearing Seatbelt?

car passenger in the motion of fastening seatbeltOne day you’re in the middle of making dinner when suddenly you realize – dang it. You’re out of milk. You quickly turn the stove off, grab your keys and start driving to the grocery store around the corner.

As you’re driving, your car starts making that awful seatbelt reminder sound that’s designed to get on your very last nerve, but you ignore it. You’re almost there.

But just as you’re looking down at the flashing seatbelt light, you hear brakes squealing and the next thing you know your body is being hurled towards the steering wheel.

We’ve all done it. Gone without a seatbelt at one time or another that is. And if you haven’t, well, you probably have a very proud mother.

But How Does Not Wearing a Seatbelt in a Car Accident Affect Your Insurance Claim?

That’s an excellent question, especially if you live in North Carolina.

See Attorney Michael Jordan’s response to this question below. Or continue reading.


If you were injured in a car accident in which you were not wearing a seatbelt, you may still be eligible to receive compensation for your injuries. We are here to help.


Contributory Negligence

North Carolina has an older law which is often referred to as “contributory negligence.”

This law means that if you’re in an accident and you were doing something at the time that may have contributed to the accident (such as speeding), you’re equally at fault and may be barred from receiving any compensation.

Other states have laws called “comparative negligence” in place that assign percentages to fault (so you could be 20% at fault for speeding, but the other guy might be 80% for turning left in front of you without enough time), but in North Carolina, you’re typically at fault or not at fault.

Going without a seatbelt does NOT qualify as contributory negligence (and therefore you may be able to receive compensation for your injuries).

However, it may affect how much you receive.

In our experience, insurance companies may try to fight or reduce your claim, based on the fact that you weren’t wearing a seatbelt at the time of the accident.
When they do, these cases can get complicated very quickly.

If You Were in an Accident and Weren’t Wearing a Seatbelt…

We recommend you call a NC car crash attorney right away.

At the Law Offices of James Scott Farrin, we work on a contingency fee basis, which means that if we don’t get you compensation for your claim, you don’t owe us an attorney’s fee. It’s just one more way we can demonstrate that we’re confident in our abilities and really do want to help you.

Call us at 1-866-900-7078 or contact us online for a free case evaluation.

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You May Also Be Interested In


Answers to the Most Frequent and Urgent Car Accident Injury Questions

From Injured in a Car Accident to Sitting in Court: When a Case Goes to Trial

Important Facts About North Carolina Car Accident Injury Claims

Insult to Injury: How Inflation Has Quietly Put Car Accident Injury Victims at (Even Greater) Risk

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About the Author

Alexandria Tuttle practices personal injury law in North Carolina for the Law Offices of James Scott Farrin. Her journey includes working full-time as a lead paralegal for the firm during the day and attending law school at night for four straight years. She strives to make a personal connection with her clients and find the right way to explain the many steps of a case. In addition to being an active member of the Law Offices of James Scott Farrin’s Social Services Committee, Alexandria is a member of the North Carolina Bar Association.

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Thank you

Thank you for offering more than a business transaction but a team willing to do what is right.

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I was a passenger in a car accident.

I was a passenger in a car accident. I was so undecided if I wanted to pursue a lawyer or just take what the insurance company was offering. Boy I’m glad I didn’t do that! James Scott Farrin was great throughout this process and kept the lines of communication open.

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When my husband left for work that day, we had no idea how much our lives were going to change

When my husband left for work that day, we had no idea how much our lives were going to change. It was a horrible accident, but James Scott Farrin was with us every step of the way. They went beyond their duties and comforted and assured us we were not alone.

For legal reasons and client confidentiality, reviews have been slightly edited to remove identifying information and correct typos.

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