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Will the Insurance Adjuster Claim You Were at Fault for Accident Because You Weren’t Wearing Your Seatbelt

Guy DiMartino Aug. 17, 2015



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.