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Getting into a car accident is stressful enough. But what happens if you aren’t wearing a seatbelt? Many people assume that failing to buckle up means they automatically lose their right to compensation. Fortunately, that’s not the case—especially in Nevada.
If you’ve been injured in a car accident with no seatbelt, you will be eligible to file a claim and get compensated. However, insurance companies may try to argue that your injuries were your fault, making it crucial to understand your rights under Nevada seat belt law and how to protect your claim.
This article breaks down everything you need to know about seeking compensation after an accident without wearing a seatbelt, including how Nevada’s comparative negligence laws work, how insurance companies handle these cases, and why a skilled car accident attorney can help maximize your claim.
Nevada law requires all passengers and drivers to wear seatbelts, no matter where they are seated in the vehicle. This applies to both adults and children and is outlined in NRS 484D.495, the state’s seatbelt regulation.
However, Nevada is a secondary enforcement state regarding seatbelts. This means that law enforcement officers cannot pull you over for not wearing a seatbelt. They can only issue a seatbelt violation if they stop you for another offense, such as speeding or running a red light.
Despite these laws, not wearing a seatbelt does not automatically put you at fault in a car accident. Nevada law does not allow insurance companies to deny your claim based on seatbelt use alone.
“Nevada law requires all vehicle occupants to wear seatbelts, but law enforcement cannot pull a driver over solely for not wearing one unless another violation occurs.”
Many accident victims worry that not wearing a seatbelt at the time of the crash means they won’t be able to seek compensation. However, Nevada law protects victims in these situations.
Even if you weren’t buckled up, you can still file a personal injury claim against the at-fault driver. The lack of a seatbelt does not automatically make you responsible for the accident or your injuries.
However, insurance companies may try to argue that your injuries were worsened due to not wearing a seatbelt. They may claim that had you been wearing one, your injuries would have been less severe. This is where Nevada’s comparative negligence law comes into play.
Some states allow insurance companies to use the “seat belt defense” to reduce or deny injury claims. This means they can argue that the victim is partially responsible for their injuries due to failing to wear a seatbelt.
But Nevada does not permit this defense.
“Under Nevada’s modified comparative negligence law, a plaintiff can recover damages as long as they are not 50% or more at fault for the accident. The lack of a seatbelt does not count toward fault allocation in a personal injury claim.”
Even if the insurance company claims that not wearing a seatbelt contributed to the severity of your injuries, this cannot be used against you to deny compensation. However, they may still try to reduce your settlement by arguing that your medical costs would have been lower had you appropriately been restrained.
This is why having an experienced car accident attorney is crucial. They can challenge these claims and fight for the full compensation you deserve.
Insurance companies prioritize their bottom line. If they can find a way to reduce your payout, they will. In cases where a victim wasn’t wearing a seatbelt, they may try to:
“Insurance companies may try to argue that your injuries were worse because of the lack of a seatbelt to reduce the payout, but Nevada law prevents this from being used as a basis for denying compensation.”
This is where having legal representation makes a difference. A skilled car accident lawyer can oppose these tactics and ensure that victims receive fair compensation.
Even if you weren’t wearing a seatbelt, you may still be eligible to recover damages, including:
Your compensation will depend on factors like the severity of your injuries, the at-fault driver’s insurance policy, and the negotiation process.
| Factor | Impact on Compensation in Nevada |
| Wearing a seatbelt | No impact on claim eligibility |
| Not wearing a seatbelt | Insurance may argue injuries were worsened, but it does not affect liability |
| Primary cause of accident | Determines fault and level of compensation |
| Plaintiff’s negligence over 50% | No compensation under comparative negligence rule |
Yes. Nevada law states that not wearing a seatbelt cannot be used against you as negligence, meaning you can still get compensation for your injuries.
Insurance companies may try to argue that your injuries were preventable, but Nevada law prevents them from using this as a reason to deny your claim.
Compensation depends on factors like medical bills, lost wages, and pain and suffering. The lack of a seatbelt does not disqualify you from receiving damages.
No. Nevada does not allow insurance companies to use the seat belt defense to reject claims, but they may still try to reduce your settlement
Consult with an experienced car accident attorney who can counter these claims and negotiate the compensation you deserve.
Even if you weren’t wearing a seatbelt at the time of the crash, you still have the right to seek compensation under Nevada law. Insurance companies may try to reduce your claim, but a skilled attorney can help ensure you receive a fair settlement.
If you were involved in a car accident without a seatbelt and need legal guidance, Gina Corena & Associates is here to help. Our legal team has experience handling complex car accident claims in Nevada, ensuring victims get the justice they deserve.
Contact us today for a free consultation, and let us fight for your compensation.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
