If you have sustained injuries in a car accident that was not your fault, it is important to understand that you have a legal right…
Seatbelt injury compensation
If you’ve sustained a seatbelt injury in a road accident that wasn’t your fault, you could be eligible to claim compensation on a no win no fee basis.
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Seatbelt Injury Claims
Seatbelts are designed to save lives and prevent serious harm to drivers and passengers of vehicles. However, they can still cause injuries in road traffic accidents, especially when the impact is severe or the seatbelt is faulty. In such cases, it may be possible to make a seatbelt injury claim.
Compensation for a seatbelt injury can cover your pain and suffering, medical treatment, lost earnings during recovery and other related expenses. The amount awarded will depend on the severity of injury and can result in substantial payments for severe injuries that have a long-term impact.
Call 0800 470 0474 today or request a call back to find out if you have a valid claim for a seatbelt injury and what steps you should take next. Your initial consultation is free, with no obligation to proceed.
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Table of Contents
What is a seatbelt injury claim?
A seatbelt injury claim is a type of road traffic accident claim made when a road user suffers harm from a seatbelt during a road collision caused by someone else’s negligence. This type of personal injury claim can potentially involve:
- Car drivers and passengers
- Taxi or Uber passengers and drivers
- Passengers involved in coach or bus accidents
- Children injured in car accidents
Compensation is awarded to cover physical pain, suffering and out-of-pocket expenses and place you, as far as possible, in the position you would have been in had the accident not occurred.
Am I eligible to make a seatbelt injury claim?
You may be eligible to claim compensation for seatbelt injuries if you were injured following an accident that was not your fault, and it can be proven that:
- Another party owed you a legal duty of care
- They breached this duty and caused your accident
- You suffered a seatbelt injury as a direct result
- You are within the legal time limit for making a claim
A personal injury solicitor can review your case during a free initial consultation and advise you on your legal options.
Who is responsible for a seatbelt injury in a road traffic accident?
Responsibility for a seatbelt injury depends on how the accident occurred, but it most commonly involves another negligent driver who caused a collision with your vehicle.
The parties that could be liable for a seatbelt injury claim include:
- A driver or another road user who caused the accident by driving negligently or failing to follow road safety rules.
- An employer, if the accident occurred while driving as part of your workplace duties, or if it involved a work-related vehicle.
- The local council or National Highways, if your accident happened because of a pothole or another road hazard that was not properly managed.
- A manufacturer, if the seatbelt was defective, malfunctioned or failed to lock during the collision, leading to a product liability claim under the Consumer Protection Act 1987.
Your solicitor will identify the party that caused or contributed to the accident and help you start a seatbelt injury compensation claim against them.
What is the law on wearing a seatbelt in the UK?
According to the law on seatbelts in the UK, you must generally wear a seatbelt if one is fitted to your car seat. Drivers are also responsible for ensuring that any child passengers under 14 are properly strapped in and, if necessary, using the correct child car seat. Failing to do so could result in a fine of up to £500.
Can I make a claim if I wasn’t wearing a seatbelt?
Yes. You could claim compensation even if you were involved in a car accident caused by someone else’s negligence and you were not wearing a seatbelt. In this case, the amount of compensation awarded to you may be reduced to reflect your contributory negligence.
For example, if the value of your claim is calculated at £40,000 but your injuries would have been less severe if you were wearing a seatbelt, your compensation may be reduced. The exact reduction will depend on the circumstances and medical evidence.
Exceptions include people who are exempt from wearing a seatbelt, such as those with a medical exemption certificate, or passengers on a bus that is not fitted with seatbelts.
What injuries can be caused by seatbelts?
Even though seatbelts are essential for safety, they can occasionally cause injuries such as severe bruising, broken ribs, shoulder injuries and abdominal trauma.
The type and severity of seatbelt injuries depend on several factors, such as the speed and angle of the collision and the position within the vehicle. The most common types of injuries that can be caused by wearing a seatbelt include:
- Severe bruising across the chest or abdomen
- Fractured or bruised ribs and sternum
- Soft tissue injuries, such as whiplash and neck strain
- Pulmonary contusions, chest pain and shortness of breath
- Damage to internal organs such as the liver, spleen or intestines
- Herniated discs and spinal fractures
- Rotator cuff tears and other shoulder injuries
The type and severity of your injuries will affect the amount of compensation that may be awarded to you if you make a successful claim.
Can I claim compensation for a fatal seatbelt injury?
Yes. If a loved one has died from injuries sustained because of a faulty seatbelt and the accident was due to someone else’s negligence, you may be entitled to compensation. A fatal injury claim can cover:
- Loss of services and financial support
- Reasonable funeral expenses
- A bereavement award of £15,120 for eligible claimants in England and Wales
If your loved one died because of not wearing a seatbelt, you may still receive a reduced compensation payment if the accident was someone else’s fault.
What should I do after suffering a seatbelt injury?
If you suffered a seatbelt injury following a road traffic accident, taking the right steps can help protect your health and your legal right to make a claim for personal injury compensation.
You should, as far as possible, take the next actions:
- Seek prompt medical attention to have your injuries treated and documented. Some conditions, such as whiplash or internal bleeding, may not become immediately apparent and may worsen over time.
- Exchange details with the other driver/drivers involved, including names, addresses, insurance information and vehicle registration numbers.
- Take clear photographs of the accident scene and your injuries, from different angles, including any relevant hazards.
- Ask for the contact details of any witnesses who saw the collision or the events leading up to it.
- If needed, report the accident to the police and your insurer as soon as possible.
- Keep copies of your medical records, receipts, and proof of any other financial losses linked to the accident.
- Contact a specialist road traffic accident solicitor for free legal advice and an assessment of your claim and compensation prospects.
Your solicitor may arrange an independent medical assessment and obtain further evidence to build a strong case. They will then send a letter of claim to the defendant and negotiate a fair settlement on your behalf. Your solicitor will guide you through all the steps of the claims process.
What evidence do I need for a seatbelt injury claim?
To be able to make a claim for a seatbelt injury, you must be able to prove negligence and the impact on your life. The most useful types of evidence for a seatbelt injury claim include:
- Medical records confirming the nature and severity of your injuries.
- Photographs of visible seatbelt injuries, such as bruising or cuts.
- Photos of the accident scene, vehicle damage and the seatbelt itself.
- CCTV or dashcam footage showing how the collision occurred, if available.
- Witness statements from other passengers, drivers or bystanders.
- Reports related to previous vehicle inspections and repairs.
- Expert testimony confirming that the seatbelt was faulty or malfunctioned.
- Receipts, invoices and other financial documents proving related losses and expenses.
The more evidence you secure, the better your chance of making a successful claim for compensation.
How much compensation can I get for a seatbelt injury?
The amount of compensation awarded for a seatbelt injury depends on its severity and the impact on your life, and will cover two types of damages:
- General damages – for the subjective pain, suffering and loss of amenity it has caused you.
- Special damages – for the related financial losses you have suffered as a result, including private treatments, prescriptions, loss of earnings and travel expenses.
Compensation is assessed based on the type and severity of your injury, with reference to the Judicial College Guidelines where appropriate. Possible compensation brackets for seatbelt-related injuries may include:
| Injury type | Description | Average payout |
|---|---|---|
| Whiplash | Mild whiplash, with recovery within 1 to 2 years | £300 to £6,000 |
| Rib fracture | A minor rib fracture with complete recovery within several weeks | Up to £3,950 |
| Spleen damage | Damage to the spleen with minimal risk of infection | £5,750 to £11,420 |
| Chest injury | A chest injury that may cause permanent tissue damage, with no impact on lung function | £16,640 to £23,730 |
| Dislocated shoulder | A dislocated shoulder leading to pain and restricted grip and movement | £16,870 to £25,370 |
An experienced solicitor can provide a more informed estimate of your compensation prospects following a free case assessment over the phone.
What is the time limit for a seatbelt injury claim?
Generally, you have three years from the date of the accident to make a claim for compensation. There are a few exceptions to this timeframe under the Limitation Act 1980:
- If the injury is not immediately apparent, the three years may begin from the date of knowledge.
- A child injury claim can be made at any time before the child’s 18th birthday, after which they have until 21 to claim compensation themselves.
- If the claimant lacks the mental capacity to claim for a road traffic accident and seatbelt injury, the limitation period is suspended and the 3 years only begin to run if they recover.
It is best to start your claim as soon as possible to avoid losing evidence and ensure you have the best chance of success.
Can I make a no win no fee seatbelt injury claim?
If you have a valid claim for a seatbelt injury, your solicitor may represent you under a conditional fee agreement, which means that:
- You do not pay upfront legal fees.
- You do not pay your solicitor for their work if your claim is unsuccessful.
- If you win, a success fee will be deducted from your compensation.
The success fee is capped at 25% of your compensation for general damages and past financial losses, and is agreed upon from the beginning. This service allows you to pursue your claim without paying upfront legal fees or taking any financial risk.
Call 0800 470 0474 today or request a call back to find out if you can make a no win no fee seatbelt injury claim and how much compensation you could receive. The initial assessment is free, with no obligation to proceed.
