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Will the insurance adjuster claim you were at fault for accident because you weren’t wearing your seatbelt

Posted by Guy DiMartino | Aug 17, 2015 | 0 Comments

If you're involved in a car accident, the insurance adjuster will always ask you if you were wearing your seatbelt. If you were not wearing your seatbelt, the adjuster will try to argue that you were partially responsible for your injuries.

Can the adjuster take this position. The answer to the question is No an adjuster cannot take this position in a routine car accident claim.

The answer can be found in Indiana's seat belt law, which says:

Failing to wear your seatbelt cannot be used by an insurance company to argue that you were partially at fault or to reduce its responsibility if you are injured in the accident.

The only time the lack of seatbelt use comes into evidence is in a products liability case arguing that the seat belt system was defective, which is usually not the case in straight forward car accident claims.

If you have any questions about an Indiana car accident claim, call (219) 874-4878.

Pejic & DiMartino, PC 1000 Washington Street Michigan City, Indiana46360

Phone: 2198744878 URL of Map

About the Author

Guy DiMartino

I have loved helping people in need for almost three decades.  It has been my privilege to serve people as their pastor, chiropractor, and lawyer.  The current focus of my legal practice and life’s passion is helping the seriously injured receive complete compensation for their injuries. I am a Florida Board Certified Civil Trial Attorney. What that really means is that I am no stranger to the courtroom.  I have successfully tried and handled serious cases in state and federal courts.  My backgrounds in both law and chiropractic medicine have given me a unique perspective, extensive knowledge, and wide experience to serve those I represent. For years as a chiropractic physician, I treated my patients to alleviate their pain and suffering. Now as their lawyer, I fight to bring them financial compensation for their pain and suffering. During my years of service, I have handled many traumatic injury cases ranging from the traumatic amputation of a limb to brain and spinal cord injury.  I consider it an honor to serve you and your family. When a person entrusts me and I accept to represent them, I don’t take that relationship and responsibility lightly. My approach is that we work as a team. We are partners and our goal is the best outcome for you and your family with the highest level of communication throughout. I am always available by phone or email to discuss my potential representation of your injury case. I handle cases throughout Florida. Education: National University of Health Sciences – BS (1984), DC (1986) Valparaiso University School of Law – JD, summa cum laude (1999) Bar Admissions: Florida (2000), Indiana (1999), Illinois (2000, expired); US District Courts of Appeals (11th Circuit, 7th Circuit); United States District Courts: Southern and Middle Districts of Florida; Northern and Southern Districts of Indiana; Northern and Central Districts of Illinois; and District of Colorado. Certification:  Civil Trial, Florida Bar Guy DiMartino on Google+ – Circle Guy on Google+ Guy DiMartino on Google+


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