Let’s set the scene: you’re in a car accident that wasn’t your fault. The other driver ran a red light, rear-ended you, or made an illegal turn. You’re hurt, maybe seriously, but here’s the catch: you weren’t wearing your seatbelt.
Now you’re wondering: Can I still file a personal injury claim?
Short answer? Yes, you can.
But there’s a little more to it.
Florida law recognizes that life isn’t black and white. If you made a mistake, like forgetting to buckle up, that doesn’t mean you lose your right to recover compensation. But it can affect how much you get. Let’s unpack what that means.
Florida’s Comparative Fault Rule: It’s Not All or Nothing
In 2023, Florida switched to a modified comparative fault system. This means the court looks at how much each party was at fault for the accident and splits responsibility accordingly. If you were more than 50% at fault, you can’t recover damages. But if you were 49% or less, you can still recover, just a reduced amount.
So, where does the seatbelt come in?
Failing to wear a seatbelt doesn’t cause the accident, but it can contribute to the severity of your injuries. That’s where the concept of comparative negligence comes in. If a jury (or insurance adjuster) believes that wearing a seatbelt would have made your injuries less severe, they might assign some percentage of fault to you for not buckling up.
For example:
Let’s say you were injured in an accident and were awarded $100,000.
The jury decides you were 20% responsible for your own injuries because you weren’t wearing a seatbelt.
Your total compensation would be reduced by 20%, leaving you with $80,000.
In other words, not wearing a seatbelt doesn’t kill your case, but it can shrink your payout.
How Insurance Companies Use This Against You
Let’s be honest: insurance companies are in the business of saving money, not handing it out. If they find out you weren’t wearing a seatbelt, you can bet they’ll try to use it as leverage to reduce or deny your claim.
Here’s how they might do it:
- Blame-shifting: They’ll argue that your injuries were mostly your fault because you didn’t buckle up.
- Lowball offers: Using the seatbelt excuse, they may offer far less than what your case is actually worth.
- Stalling tactics: They may drag their feet, hoping you’ll give up or accept a weak settlement.
Don’t let them intimidate you into thinking you don’t have a case. You still have rights, and you deserve to be compensated for injuries caused by someone else’s negligence.
Why It’s Still Worth Pursuing a Claim
Even if you’re partially at fault, you could still recover significant compensation, especially if your injuries are severe. This can include:
- Medical bills (past and future)
- Lost wages
- Pain and suffering
- Property damage
- Emotional distress
Think about it this way: if someone hits your car and causes $200,000 in damages and you’re found 10% at fault because you weren’t wearing a seatbelt, you’d still be entitled to $180,000. That’s not something to walk away from lightly.
Plus, your seatbelt use is just one factor in your case. What matters most is proving that the other driver was at fault for the accident. Their speeding, texting, or reckless behavior doesn’t magically disappear just because you forgot to buckle up.
How an Attorney Can Help Level the Playing Field
Here’s the truth: insurance companies love it when you don’t have a lawyer. It makes their job easier.
When you’re dealing with a seatbelt-related injury claim, having an experienced personal injury attorney on your side is crucial. Here’s why:
They Push Back on Blame Games
An attorney will challenge exaggerated claims about how much your seatbelt contributed to your injuries. They may bring in medical experts or accident reconstruction specialists to show that your injuries would have been serious either way.
They Handle the Paperwork and Negotiations
From filing the claim to negotiating with adjusters, your lawyer handles the process while you focus on healing. They know what tricks insurance companies use, and how to counter them.
They Build a Strong Case
The goal isn’t just to win, it’s to make sure you get every dollar you’re entitled to. Your attorney will gather evidence, interview witnesses, and fight to minimize any reduction in compensation related to the seatbelt issue.
Don’t Let One Mistake Cost You Everything
Nobody’s perfect. Maybe you forgot to buckle up. Maybe you were just going around the corner. Whatever the reason, not wearing a seatbelt doesn’t erase someone else’s negligence.
If you’ve been injured in a car accident in Florida, don’t assume you’re out of options just because you weren’t wearing a seatbelt. You may still have a valid claim and a chance to recover meaningful compensation.
Talk to a personal injury attorney who can give you a clear understanding of your rights, push back against unfair tactics, and help you move forward with confidence.
Because one mistake shouldn’t define your recovery.
Call Glassman and Zissimopulos and our team of dedicated attorneys today. (352) 505-4515 or Toll-Free at (844) 787-2543. When you call, you will be able to speak with a lawyer. This is our commitment to you.