Can I Claim If I Wasn't Wearing A Seatbelt?
Wearing a seatbelt is required by law in the UK, so you might think you won't be able to claim compensation if you weren’t wearing one and were involved in a collision. However, this isn’t true - you might still be able to claim damages even if you weren’t wearing a seatbelt.
What’s the law on wearing a seatbelt?
If you’re travelling in a vehicle that has seatbelts fitted, you’re required by law to wear one.
The driver of a vehicle must make sure that all children under 14 years of age wear seatbelts or sit in an approved child seat. If a child is under 1.35 metres tall, a baby seat, child seat, booster seat, or booster cushion suitable for the child's weight must be used, and it must be fitted to the manufacturer's instructions.
However, you don't have to wear a seatbelt if:
- You’re a passenger on a bus that’s not been fitted with seatbelts (or you were a standing passenger)
- You’ve a medical exemption certificate
- You're making deliveries or collections in a goods vehicle and are travelling less than 50 metres.
There are other specialist exemptions for very particular circumstances. If you should’ve been wearing a seatbelt in an accident and are injured or sustain worse injuries as a result, then this could affect the amount of compensation you receive.
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Frequently Asked Questions
Here are some of the most frequently asked questions we receive about making a claim for a road traffic accident if you weren't wearing a seatbelt.If you’re travelling in a vehicle that has seatbelts fitted, you’re required by law to wear one.
The driver of a vehicle must make sure that all children under 14 years of age wear seatbelts or sit in an approved child seat. If a child is under 1.35 metres tall, a baby seat, child seat, booster seat, or booster cushion suitable for the child's weight must be used, and it must be fitted to the manufacturer's instructions.
However, you don't have to wear a seatbelt if:
- You’re a passenger on a bus that’s not been fitted with seatbelts (or you were a standing passenger)
- You’ve a medical exemption certificate
- You're making deliveries or collections in a goods vehicle and are travelling less than 50 metres.
There are other specialist exemptions for very particular circumstances. If you should’ve been wearing a seatbelt in an accident and are injured or sustain worse injuries as a result, then this could affect the amount of compensation you receive.
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Irwin Mitchell Scotland
Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.
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