Recoverable Damages After Not Wearing a Seatbelt

Were you in a car wreck have questions about recoverable damages after not wearing a seatbelt? Watch this video, then give our New York office a call.

Question:

What if I was not wearing a seat belt at the time of my accident? Can I still recover damages in New York?

Answer:

Recoverable Damages After Not Wearing a Seatbelt We often get the question, “I wasn’t wearing my seat belt. Can I still recover against the other vehicle or the vehicle that I was in for causing the accident?” The answer is yes. Will they use the fact that you didn’t have a seat belt on to try to mitigate the damages? Yes, they will, but there are injuries that would happen regardless of whether or not you had the seat belt on or not. Certainly, our advice is that you always wear a seat belt. The answer is, however, that not having a seat belt on at the time of an accident does not mean that you cannot pursue a claim against the vehicle or vehicles that may have caused the accident.

The big question when you’re in a motor vehicle accident, badly injured and concerned, is, “Who is going to pay my medical bills?” In New York City, the answer is the host vehicle, the vehicle you were in. That vehicle is required to be covered under what’s called a no-fault policy, and that’s up to $50,000. When you’re in an accident, whatever vehicle you’re in at the time, regardless of whether or not that vehicle was at fault, that would be who would pay all of your medical bills up to $50,000.


Were you or a loved one injured in a crash and have questions about recoverable damages after not wearing a seatbelt? Contact experienced New York Car Accident Lawyer at the Law Offices of Brian J. Elbaum today for a legal consultation to learn what your case is worth.

Like Us on Facebook