Florida has a mandatory law that requires a seatbelt for anyone sitting in the front passenger seat of a vehicle. Anyone under the age of 18, regardless of where they are sitting, is also required to wear a seatbelt or another form of child restraint. Even with this as the law, there are still many individuals that complete insurance claims for injuries despite the fact that they were not wearing a seatbelt.
Auto insurance companies are always ready to mitigate the number of claims that they have to pay out each year. If you’re involved in an accident where you were not wearing a seatbelt or family member was not wearing a seatbelt and you are seeking damages for your claim, an auto insurance company will likely deny your claim.
Each party involved in an auto accident is held partially responsible for the damages. Florida is a comparative negligence state and this means that all of the injuries involved in the accident will fall under a collective insurance coverage even if you were not responsible for the damages. This can mean that you could be putting someone else’s insurance at risk by choosing not to wear a seatbelt.
In our representation of many auto accident victims that were not wearing seatbelts, costs associated with accidents went up considerably and the cases became much more difficult. Auto accident related medical expenses can be costly and the courts will often side with insurance companies where negligence and a lack of seatbelt are involved. Always do your best to protect the people in your vehicle and buckle up when you are on the roads. A failure to wear a seatbelt could make seeking insurance coverage difficult and it could put others at risk in an accident. Wear your seatbelt in Florida, it is the law!
This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is an St Petersburg Personal Injury Attorney She focuses on personal injury, car accidents, and bicyclist injury. The information on this site is not intended to and does not offer legal advice, legal recommendations or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your individual situation.