I was involved in a car accident a few months ago. My friend was driving his car, much too fast in my opinion, when he skidded and crashed into a wall. I was a back seat passenger in the car at the time. I was not wearing my seatbelt. My other friend who was a front seat passenger told me that he has been to his solicitor to investigate a personal injury claim for him. Does the fact that I wasn’t wearing my seatbelt prevent me from claiming for my significant injuries?
The fact that you were not wearing your seatbelt does not prevent you from pursuing a personal injury claim. It would appear that your friend was driving his car negligently and some of your injuries can be attributed to his actions. In such a scenario your solicitor would pursue a personal injury action on your behalf against your friend’s car insurers.
However, it is essential that you advise your solicitorthat you were not wearing your seatbelt at the time of the accident. Your solicitor will advise the other side of this and then your claim will carry on as usual. The legal term for this is contributory negligence and simply means that you contributed to your injuries, but not to the actual accident itself.
Your friend’s car insurers will seek to reduce your compensation claim on the basis that some of your injuries were exacerbated by reason of you not wearing your seat belt. For further advice, please feel free to contact Byrne Carolan Cunningham LLP Solicitors Litigation Department in confidence.