Driver without seatbelt

[crazylegs]

One of my sister's friends has been involved in an accident driving round a blind corner with cars parked both sides and had a head-on collision.

Apparently she wasn't wearing a seatbelt (stupid I know) but she heard that this would invalidate her insurance in what would normally be a knock-for-knock claim.

Could anybody give more information?

Thanks.

[silverback mike]

I cannot see why it would invalidate insurance, and have never heard of it doing so.

[crazylegs]

Cheers Mike, I didn't think it would but she just seemed to get it in her head and I didn't want to say it wouldn't without being sure.

[edc]

Surely she wouldn't be so lucky if she had been injured and sought personal injury damages?

[kenp]

In the past, injured drivers/passengers who had not been wearing seatbelts, have had their injury awards reduced by up to 60% on the grounds of contributory negligence.
Think about it, Bloggs not wearing his seatbelt runs into your back. His insurance says 'sorry his insurance is invalid'. NOT so!

[shnozz]

standard deduction in claims for injury with those not wearing a seatbelt is 25%. Some recent case law has increased the deduction but in those cases the medical expert in the case has given evidence that the lack of seatblet has increased the extent of the injury.

[streaky]

And if you additionally wear a crash helmet (in a car) - to further protect yourself from injury ... you get stopped by the BiB - Streaky

[CarZee]

I never knew this Phil - and it's about the first sensible reason that anyone's come up with for wearing a seatbelt.. interesting.

[KITT]

streaky said:

And if you additionally wear a crash helmet (in a car) - to further protect yourself from injury ... you get stopped by the BiB - Streaky

Really? I've been wearing a helmet in my Tiger for motorway jorneys for 2 years now and never been stopped. In fact on my way to a show last year I got a little lost and stopped in a layby where a police car was stopped to ask for directions. Neither officer said a word about my head wear Perhaps it's one of those rules that isn't strictly enforced? any BIB care to comment?

[Cooperman]

CarZee said:

I never knew this Phil - and it's about the first sensible reason that anyone's come up with for wearing a seatbelt.. interesting.

What a strange comment! Would the potential for saving your life or preventing/reducing personal injury not feature somewhere?

[JonRB]

It's amazing how often the "can't wear a helmet in a car" issue comes up.

See these threads:
Helmets in Cars
Wearing helmet in car
wearing helmets in cars

[shnozz]

CarZee said:

I never knew this Phil - and it's about the first sensible reason that anyone's come up with for wearing a seatbelt.. interesting.

yep, and even talk of running similar arguments on cases involving cyclists who aren't wearing a helmet. Since this isn't law its not an easy argument for Defendants but I have raised it before and argued that the lack of helmet contributed to the extent of the injuries, although admitted liability on behalf of the Defendant. We ended up carving up the claim in the end on economic basis so no new law was cast in stone on any % deduction. Problem comes with child cyclists where you would have to issue Part 20 proceedings against the parents for failing to supply a helmet etc. Not the most tactful thing to do when the parents are rightfully gutted that their child has suffered injury as a result of an accident for which we have admitted it was our fault.

[WildCat]

crazylegs said:

One of my sister's friends has been involved in an accident driving round a blind corner with cars parked both sides and had a head-on collision. Apparently she wasn't wearing a seatbelt (stupid I know) but she heard that this would invalidate her insurance in what would normally be a knock-for-knock claim. Could anybody give more information? Thanks.

Und the next time she approaches blind bend chock full of hazards - perhaps a little "tootle" to let someone know she is there in daylight - after all - at night she would be well -lit!


Would not invalidate her claim (would impact if she claimed for injury and non-wearing contributed as schnozz says )- I deliberately removed mine in my incident to take "cover" - and it was good gamble -did not invalidate my claims - (though we did have right old fuss as to whether chap died before or after he hit)

[KITT]

JonRB said:

It's amazing how often the "can't wear a helmet in a car" issue comes up. See these threads: Helmets in Cars Wearing helmet in car wearing helmets in cars

Thanks! That clears that up then