Can My Wisconsin Car Accident Claim Be Denied Because I Wasn’t Wearing My Seatbelt?

Posted by rozeklawoffice on April 22, 2010 under Car Accidents, Questions and Answers | Be the First to Comment

Question: Can my car accident (which occurred in Milwaukee, Wisconsin) insurance claim for damages (including medical bills) be denied because I was not wearing my seatbelt?

Answer: Insurance adjusters will often attempt to blame injuries on the individual if he/she was not was not wearing a seatbelt. However, Wisconsin law clearly states that the maximum reduction that can be applied to an injured individuals damages is 15%. This 15% can only be applied to the injured individuals recovery for damages that were caused by not wearing a seatbelt. The at-fault driver (otherwise known as the defense) has the burden of proof to show which injuries, if any, were due to the lack of seatbelt use. If the at fault driver (defense) meets the burden of proof, then 15% may be reduced from the injured person’s damages. So, the short answer is no, your claim can not be denied based on the fact that you were not wearing a seatblet.

Please remember though, seatbelts can save lives and are am important component of driver safety.

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If you have been in an accident, please contact an experienced Wisconsin Car Accident Attorney