Car Accident Lawyer Las Vegas, NV
Being injured in an auto accident can upend your life. Not only are these situations stressful, but they’re also costly and time consuming.
If the other driver is responsible for the crash and for your injuries, you may be expecting they’ll pay up. But if you were not wearing a seat belt at the time of the crash, it could mean you won’t get as much money.
How will anyone know whether I was wearing a seat belt?
The obvious is that if you were injured badly enough you could not get out of the car before first responders arrive, then they will know once they make efforts to assist you.
In crashes with significant injuries, your use of a seat belt will be noted on the police report and medical reports. Insurance companies will attempt to obtain these reports and use the information against you. They may read through notes from paramedics and emergency room staff. This is one reason why an attorney advises car accident victims to NOT share any medical records with an insurance adjuster before speaking with your attorney.
If your injuries were minor enough that you are able to get out of the car before first responders arrive, there could still be ways for adjusters to determine whether or not you were wearing a seat belt.
First, police will ask you. And so will any medical professional who evaluates the extent of your injuries. You may attempt to lie and say you were wearing a seat belt, but many newer vehicles record this information. Finally, there could be witnesses who can testify whether or not they saw you remove a seat belt before getting out of the vehicle.
How will not wearing a seat belt impact my claim?
During an auto accident, seat belts play an important role in reducing the severity of some injuries. But seat belts cannot prevent all injuries.
Insurance adjusters will attempt to prove that you were negligent by not wearing a seat belt. And perhaps that you would not have even been injured as badly, or at all, if you had one on.
Often, insurance companies will devalue your claim if you were not wearing a seat belt. They may reduce a settlement amount by as much as 25% if you were not wearing one. But you don’t have to take their offer. You can fight it!
Contact an attorney today to fight for you
A car accident lawyer Las Vegas, NV trusts from Nadia Von Magdenko & Associates can help you get the full compensation you deserve and understand how difficult it is for insurance companies to prove that your injuries would not have been as severe if you had been wearing a seat belt. The fact of the matter is that even when auto accident victims wear seat belts, they may still suffer significant injuries.