Colorado's Personal Injury Law Blog

Learn How Insurance Companies Use the Seat Belt Defense

Learn How Insurance Companies Use the Seat Belt Defense

 Posted by:    Apr 06, 2015  

During this series, I spend a lot of time talking about things you probably don't need to worry about, or things you can relax about, based on Colorado's injury laws. Now I want to talk to you about something that you cannot relax about: the seat belt defense. The insurance company will not have to pay any amount of an injury claim that would have been aggravated or exacerbated because the person wasn't wearing a seat belt.

In trial, what an insurance company can do through their lawyers is ask the jury to decide how much of the pain and suffering that this client has were caused by their own decision to not wear a seat belt. That allows the insurance company, through their attorneys, to actually ask the jury to dock you, or reduce the amount of your pain and suffering damages, maybe all the way down to nothing, because you were not wearing a seat belt and added to your own injury.

The insurance companies use, to their great advantage, the seat belt law and the seat belt rules. What I'd like you to do out there is consider wearing your seat belt because it's not only going to be the safest thing for you to do, but it's also the best way to preserve your personal injury claim to the extent you are ever unfortunate enough to have one.

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