Filing a Car Accident Claim in Pennsylvania Without a Seat Belt

If another driver’s negligence causes you to be injured in a car accident, you may have concerns about whether your failure to wear a seat belt will interfere with your ability to file a claim. While drivers and all front passengers are required by law to wear seat belts in Pennsylvania and throughout the nation, failing to wear one should not directly affect your claim. Having the trusted legal guidance of an experienced Williamsport car accident attorney at Mette Law in your corner from the start is always the best plan.

Not Wearing a Seat Belt Does Not Affect Your Right to File a Claim

If a negligent motorist leaves you injured in a car accident and you weren’t wearing your seat belt at the time, you retain the right to file a claim with their insurance provider. In your claim, you will seek compensation for the legal damages you suffered as a result of the other driver’s negligence.

Modified Contributory Negligence in Pennsylvania

The State of Pennsylvania employs a modified contributory negligence rule. This means that you can file a lawsuit against a driver who causes you to be injured, even if you share up to 50 percent of the fault. If you are assigned some percentage of fault, your settlement amount will ultimately be reduced by that percentage.

Seat Belt Use and Fault Under Pennsylvania Law

The State of Pennsylvania is very clear on the matter of seat belts when it comes to contributory negligence. While you are required by law to wear a seat belt, and while doing so is always advised, your failure to wear a seat belt is not a relevant concern when it comes to assigning fault in a car accident claim. Not wearing a seat belt did not cause the accident; therefore, it is not considered by the state in legal proceedings.

Why Insurers May Still Push the Seat Belt Issue

Not wearing a seat belt will not affect your ability to file a claim, and it should not affect the settlement you receive. However, you can expect the insurer to approach the matter from every angle to secure a lower settlement.

Common tactics include the following:

• Informally bringing up your failure to wear a seat belt during settlement negotiations, even though the law is clear on the matter
• Pressuring you into accepting less than you deserve during settlement negotiations
• Claiming that your injuries were more severe because you didn’t have a seat belt on

Protecting Your Claim From Improper Insurance Pressure

A well-respected Williamsport car accident attorney at Mette Law is familiar with the aggressive tactics insurance companies often use, and we have the legal skill and drive to protect your right to fair compensation fully. Contact us online or call 717-232-5000 today.