No-Seatbelt Road Accident Compensation Claims
Last updated 20th January 2026. Being in a no-seatbelt road accident can be a terrifying experience and can leave you with multiple injuries. If your accident was caused by another road user, you could be entitled to make a claim. But, by not wearing a seatbelt at the time of the accident, there may be a reduction of the final compensation amount under the principle of contributory negligence. Contributory negligence is when the injured person is found partly liable for their own injury, and the compensation is reduced based on their degree of fault.
We are here to guide you through the no seatbelt road accident compensation claims process from start to finish. So, contact an advisor today for a free chat about your circumstances. One of our advisors could connect you with a specialist No Win No Fee solicitor from our panel and potentially get a compensation claim set up for you if this is something you want to proceed with:
- Call 020 3870 4868.
- Fill out our Claim Online form.
- Message using the love chat feature on the screen.
Jump To A Section
- Can I Claim For A No-Seatbelt Road Accident?
- Regulations And Legislation On The Wearing Of Seatbelts
- What Are The Penalties For Not Wearing A Seatbelt?
- Calculating Compensation For No-Seatbelt Road Accident Injuries
- Examples Of Claims For Not Wearing A Seatbelt
- What Is Contributory Negligence, And Will It Affect My Claim?
- How Is Liability Worked Out When Passengers Were Not Wearing Seatbelts?
- How Much Time Do You Have To Claim For A Road Traffic Accident?
- I Suffered A No-Seatbelt Road Accident Injury, What Should I Do?
- How Can UK Law Help Me Claim For A Road Accident Without A Seatbelt?
- Do You Handle No-Seatbelt Road Accident Claims On A No Win No Fee Basis?
- Other Information
- FAQs About No-Seatbelt Road Accidents
Can I Claim For A No-Seatbelt Road Accident?
Yes, you can still make a claim for a no-seatbelt road accident if you can prove that a negligent road user caused the accident in which you were injured.
You must meet the following criteria in order to be eligible to claim:
You were owed a duty of care.
A road user owed you a duty of care while you were on the road. This means that they had a legal obligation to navigate in a safe way that avoids causing an injury by following the rules in The Highway Code and the Road Traffic Act 1988.
That duty was breached.
The road user failed to abide by their duty of care due to negligent actions, such as speeding or failing to stop at red lights.
You suffered an injury due to this breach.
You suffered a physical or psychological injury as a result of this breached duty of care. Your injury can either be minor or serious, as long as it is medically recognised.
As you can see, you are still eligible to claim compensation for a no-seatbelt road accident as long as the above criteria are met. So, please contact an advisor today to confirm your road traffic accident claim eligibility.
Regulations And Legislation On The Wearing Of Seatbelts
According to the Highway Code, you must wear a seatbelt in a car, van or goods vehicle where one is fitted, with a few exceptions. These exceptions include:
- Where you’re medically exempt and are carrying a medical exemption certificate
- Where you’re reversing your vehicle or supervising a learner driver who is reversing
- If you’re driving a goods vehicle on deliveries and you’re travelling no more than 50m between stops
The law also states that only one person may sit in each seat, and that children must sit in a car seat until they reach 135 cm in height or turn 12 years old, whichever is first.
For more information on when you may be able to claim for a no-seatbelt road accident, speak with one of our advisors today.
What Are The Penalties For Not Wearing A Seatbelt?
Each adult passenger has a responsibility to wear a seatbelt whilst travelling in a vehicle. It’s not the drivers’ responsibility to ensure adult passengers wear seatbelts, so any passengers who don’t wear a seatbelt could face a fine.
The consequence of not wearing a seatbelt could be a fine of up to £500. However, drivers are responsible for ensuring that anyone under the age of 14 who is travelling in their vehicle is wearing the correct restrains. If a child under the age of 14 is not in the correct car seat or wearing a seatbelt while you are driving, then you could receive a fine of up to £500.
Although there are penalties for not wearing a seatbelt, you may still be able to make a personal injury claim if you were wearing no seatbelt in a road accident and have suffered injuries that were caused by negligence. You contact our team of advisers today to learn more about the road accident claims process.
Calculating Compensation For No-Seatbelt Road Accident Injuries
You may be wondering “how much compensation could I receive for a no-seatbelt road accident caused by negligence?” If so, this section could help. In lieu of a compensation calculator, we’ve compiled the latest figures from the Judicial College Guidelines in the table below to help you instead. The JCG is a document that contains guideline compensation brackets for all sorts of injuries and illnesses at different severities.
Please note that the table below is for guidance only, as all no-seatbelt road accident claims are unique. The top figure is also not from the JCG.
Additionally, if you are a driver or road accident passenger over the age of 18 and your injuries are worth £5000 or less, these figures do not apply. The Whiplash Injury Regulations 2021 outlines how much you could receive in these instances. The bottom 2 figures from the table are from these regulations.
| Injury | Notes | Guideline Compensation |
|---|---|---|
| Multiple serious injuries plus special damages | Multiple serious injuries plus financial losses like lost earnings, medical bills, and professional care costs. | Up to £1,000,000+ |
| Paralysis | Tetraplegia (a) - the top end of this bracket includes cases where pain is present and the senses are affected. | £396,140 to £493,000 |
| Paraplegia (b) - the award depends on factors such as the degree of independence and the impact on sexual function. | £267,340 to £346,890 | |
| Brain damage | Very severe (a) - cases such as 'locked-in' syndrome with a substantially reduced life expectancy. | £344,150 to £493,000 |
| Moderate (c)(i) - a moderate to severe intellectual deficit and personality change. | £183,190 to £267,340 | |
| Facial disfigurement | Very severe scarring (a) - where the cosmetic effect is disfiguring and the psychological reaction is severe. | £36,340 to £118,790 |
| Significant scarring (c) - where plastic surgery can reduce the worst effects and the psychological reaction has diminished to minor symptoms. | £11,120 to £36,720 | |
| Whiplash | With psychological damage, lasting 18-24 months. | £4,345 |
| A whiplash injury on its own, lasting 18-24 months | £4,215 |
General damages award compensation for the injury itself and the mental and physical effects it has had on your life; these are outlined in the table above. Special damages compensate for the financial effect the injury has on you. You need to provide evidence to receive special damages, such as payslips to prove loss of earnings if you have had to take time off work.
Our team of advisers can estimate how much compensation you could be awarded for your no-seatbelt road accident resulting from negligence.
Examples Of Claims For Not Wearing A Seatbelt
Examples of claims for not wearing a seatbelt include those in cars, taxis, and as a passenger. We explore these in more detail below:
- In a car – a driver was in a head-on collision due to a drunk-driver swerving into their lane. Following an independent expert medical assessment, it was determined that with a seatbelt, the driver may have suffered minor to moderate brain damage rather than severe.
- In a taxi – a taxi was in a T-bone collision because a van driver ran a red light at a 4-way junction. The passenger in the taxi suffered tetraplegia (paralysis) from the impact. The compensation was reduced, though, because it was determined that a whiplash injury would have likely occurred instead.
- Passenger injuries – a passenger removed their seatbelt and hit the windscreen as a driver exceeding the speed limit rear-ended their vehicle. The passenger needed a dermatologist and laser treatment for their facial injuries. A judge decided that the passenger’s facial injuries would likely not be as severe had a seatbelt been worn.
However your no-seatbelt road accident occurred, please contact today if you believe that another driver was to blame. We want to help you if you are entitled to compensation.
What Is Contributory Negligence, And Will It Affect My Claim?
Contributory negligence is the term used to describe a situation in which you’re determined to have contributed to the severity of your injuries through your action or inaction.
Unlike a split liability claim, this does not mean that you’re considered partially at fault for the accident occurring. The actual circumstances of the accident may be completely down to the negligence of the other road user. However, if you’re considered to have made your injuries worse because you failed to wear a seatbelt, this could affect your claim.
You may have to take a reduction in your damages if you are found partially liable for not wearing a seatbelt. Following case law such as Froom & Ors v Butcher, if it’s proven that the injuries would’ve been prevented if the injured person wore a belt, the damages are reduced up to 25%. Essentially, the reduction to your compensation will generally be in line with your liability.
If the injury would’ve been less severe if the injured person had worn a seatbelt, the damages are usually reduced by 15%. If it’s ruled that wearing a seatbelt wouldn’t have lessened the injuries, your compensation may not be reduced at all. However, its important to note that this only applies to injuries that are affected by the wearing of a seatbelt. In the case above, the damages for a broken finger were not impacted because this was not affected by the wearing of a seatbelt.
How Is Liability Worked Out When Passengers Were Not Wearing Seatbelts?
Adult passengers are responsible for ensuring that they’re wearing a seatbelt while required in a car. This means that, if an accident happened and they are claiming for injuries that could have been prevented by wearing a seatbelt, they will be subject to the contributory negligence reduction in damages.
However, children under the age of 14 are not responsible for wearing their own seatbelts. Instead, it falls on the driver of the vehicle to ensure that they’re wearing a seatbelt and in the correct kind of car seat.
This means that a child under the age of 14 will not have their compensation reduced on the grounds of contributory negligence if they are not wearing a seatbelt and their injuries are worse as a result.
To get more information about split liability, contact our advisors today.
How Much Time Do You Have To Claim For A Road Traffic Accident?
Generally, the personal injury claims time limit is three years. This is from the exact date the accident took place or from when you connected your injuries with negligence.
However, if you’re under 18, the three-year time limit starts on the day of your 18th birthday. If you’d like to begin the personal injury claim earlier, someone else can become a litigation friend to pursue the claim on your behalf, and the time limit for them to do so is suspended.
If you lack the mental capacity to claim, the three-year time limit only begins if recovery commences. During this time, someone can act as a litigation friend to file the claim for you at any point.
Contact our team of expert advisers today to learn more about the time limits for road accident claims
I Suffered A No Seatbelt Road Accident Injury, What Should I Do?
If you have suffered a no-seatbelt road accident injury, you should immediately seek medical attention, and get as much evidence as you can at the scene.
If you can, try and collect this evidence:
- Contact information from any witnesses.
- Photographs of the liable road user’s vehicle. Also get their insurance policy details, personal information such as name and phone number, and their registration plate.
- Photographs of the accident scene, such as damage to your vehicle.
- Dash-cam footage or CCTV footage of the accident.
- Photographs of your injuries.
- Copies of your medical records once you have sought medical attention.
- A copy of the report you made to the police. The police should be contacted after most road traffic accidents in the UK.
- Record in as much detail as possible of your version of events, what symptoms you’re suffering, and what treatment you’re receiving following the accident.
- Forensic engineering evidence – in complex claims, a forensic engineer may be required to analyse the seatbelt clasp to calculate impact forces.
Once you have sought medical attention, you should seek legal help by connecting with a personal injury solicitor from our panel. They can help you gather as much of the above evidence as possible, and use their expertise to ensure that you have the best chance of receiving the highest compensation amount possible.
How Can UK Law Help Me Claim For A Road Accident Without A Seatbelt?
At UK Law, we can help you claim for a no-seatbelt road accident by assessing your claim eligibility and connecting you with our panel of specialist No Win No Fee solicitors. They can take care of all the complicated legal work for you while you prioritise focusing on your recovery. For example, they can:
- Present, and help you collect, all of your evidence, such as a copy of the police report and dash-cam footage.
- Communicate with the liable road user on your behalf.
- Negotiate to ensure that your compensation is valued as highly as possible and that your degree of fault for the injury is deemed as low as possible.
- Represent you in court if necessary (most road traffic accident claims are settled before court action is needed, so don’t worry, this is highly unlikely).
- Explain legal jargon, and keep you regularly updated, all throughout the no-seatbelt road accident compensation claims process.
Making a claim can be stressful and a bit tricky on your own, especially if you weren’t wearing a seatbelt and have never claimed before. So, why not get help from a solicitor who has dedicated years of training into securing road accident compensation?
Do You Handle No-Seatbelt Road Accident Claims On A No Win No Fee Basis?
A No Win No Fee agreement (also known as a Conditional Fee Agreement) is a way to access legal counsel without the financial risk associated with doing so in the usual way. If your case is unsuccessful, you don’t have to pay any of your solicitor’s fees. You also won’t pay them anything up front or as the claim progresses.
If your case is successful, your solicitor will take a legally-capped percentage of your award. This ensures that they won’t overcharge you.
You can contact our team of advisers today to find out more by:
- Calling 020 3870 4868.
- Using the live chat feature at the bottom of the screen.
- Beginning your personal injury claim online.
Other Information
What To Do If A Whiplash Claim Is Refused: Following the changes to legislation in the UK, the way you make whiplash claims are different. This article will explain these changes, and what to do following a claim refusal.
Pedestrian Accident Claims: This article explains how to make a road traffic accident claim if you are a pedestrian.
Vulnerable Road User Accident Claims: In this article, we explain how vulnerable road users may be able to claim compensation following an accident that wasn’t their fault.
Road Traffic Act 1988: This piece of legislation outlines the laws and rules of the road.
When to call 999: This NHS guide explains when to call 999.
THINK! Road safety campaign: THINK! is a government campaign providing more information on road safety.
FAQs About No-Seatbelt Road Accidents
Can you get whiplash without wearing a seatbelt?
Whiplash is caused by the head and neck making a back-and-forward motion due to a collision. This can occur when you’re not wearing a seatbelt.
Is not wearing a seatbelt contributory negligence?
Contributory negligence occurs when you act in a way that causes your injuries to be worse than they otherwise would have been.
What is the reduction in damages for failing to wear a seatbelt?
According to case law regarding Froom & Ors v Butcher, if wearing a seatbelt could’ve prevented serious injuries, the reduction in damages is 25%. If it could’ve lessened the injuries, the reduction is 15%.
If you have more questions on claiming for injuries sustained in a no-seatbelt road accident, speak with an advisor today.
