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Seatbelt Injury Claims Specialists
Find out when seatbelt injury claims can be made and what services our solicitors can offer to help you.
£85 million in compensation
Seatbelt Injury Claims Specialists
Find out when seatbelt injury claims can be made and what services our solicitors can offer to help you.
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How To Make Seatbelt Injury Claims
We wear seatbelts with the expectation that they will improve our safety in the event of a crash. Generally, this is the case. However, there are times when a seatbelt can worsen an injury or cause other injuries while performing its function. A car accident can be extremely traumatic, so trying to figure out your legal rights may feel overwhelming. Simply put, seatbelt injury claims can be made when the injury was caused by another road user’s failure to act in accordance with health and safety laws.
Key Takeaways
- You can make a compensation claim against other road users or the seatbelt manufacturer, depending on who is liable
- Common seatbelt injuries include bruising, abdominal pain, bleeding, breathing issues and orthopaedic harm
- Seatbelt injury compensation will be awarded based on the severity of your injuries and whether you have suffered financial losses
- If you experienced a seatbelt injury as a passenger, you can claim against another road user or the person driving the vehicle you were in
- You should prioritise your health after a seatbelt injury and seek out any medical treatment you need.
Although reading online information can be helpful, talking to an advisor could be more beneficial for your specific case. A member of our team can give you straightforward answers and may even put you in touch with one of our specialist No Win No Fee solicitors. You could find yourself one step closer towards getting compensation, so why wait any longer?
- Call us on 0151 375 9916
- Submit an enquiry online
Can I Make A Seatbelt Injury Claim?
Yes, you can make a seatbelt injury claim if your injuries were caused by another road user’s negligent actions.
All road users have a duty of care to use the roads safely to avoid causing harm, and also need to obey certain laws and guidance. Examples include the Road Traffic Act 1988 (RTA) and the Highway Code. These outline measures that protect the well-being of everyone using the road, such as the need to abide by speed limits.
Additionally, Section 14 of the RTA states that all passengers and drivers of a motor vehicle must wear a seatbelt.
To be able to claim for a seatbelt injury, you must prove:
- You were owed a duty of care
- This duty was breached
- You suffered a seatbelt injury due to this
Can I Claim On Behalf Of A Loved One Injured By A Seatbelt?
Yes, you can make a claim on behalf of a loved one injured by a seatbelt if they are not able to make decisions for the case themselves. More specifically, this applies when the injured party is a child or mentally incapacitated. You would be referred to as their litigation friend.
The court may appoint you to this role, or you can apply. The duties of a litigation friend include making decisions in the best interests of the affected individual, communicating with their solicitor, and making attempts to ascertain the wishes of the person they are representing.
Speak with one of our advisors today to find out whether you can make a claim. Whether you have experienced the seatbelt injury yourself or would like to proceed on behalf of another person, they can advise you on what steps to take next.
What Are Some Examples Of Seatbelt Injury Claims?
Examples of seatbelt injury claims can relate to respiratory issues, fractures, bruising and bleeding. Keep reading for further details as to how these injuries occur:
- Bruising- when a collision happens, a seatbelt tightens to prevent you from hitting your head on whatever is in front of you. This can apply a lot of pressure to your upper body, resulting in bruising
- Abdominal pain- as the seatbelt crosses your abdomen, the tightening of the seatbelt can cause harm to your internal organs, especially your kidneys and intestines
- Bleeding- while the seatbelt aims to limit the impact you suffer to your body, it can sometimes cause internal bleeding. This can be hard to recognise as it is often asymptomatic; however, you may notice when you go to the toilet
- Breathing issues- your chest, lungs and ribs are also at risk due to the impact of a crash. You may find it difficult to breathe or feel pain in your chest
- Orthopaedic injuries- the restriction of a seatbelt during a crash can put strain on your neck, shoulders and back. Therefore, you may experience fractures, dislocations or soft tissue injuries
How Might The Whiplash Reform Programme Impact My Claim?
The Whiplash Reform Programme may affect how you make your claim and the compensation awarded. If you are over the age of 18 and were injured as a passenger or driver of a vehicle in England or Wales with injuries valued at £5,000 or less, your claim will need to be made via a different avenue.
Additionally, your injuries will be valued in accordance with the Whiplash Injury Regulations 2021 tariffs.
Seatbelt injury claims often involve whiplash injuries, as the impact and force of the seatbelt can cause a sudden movement of the neck. We have included some of the tariffs in the table below.
| Duration of the Whiplash Injuries | Compensation Tariff For Just Whiplash | Compensation Tariff For Whiplash With Psychological Harm |
|---|---|---|
| Injury lasting between 18 and 24 months | £4,215 | £4,345 |
| Injury lasting between 15 and 18 months | £3,005 | £3,100 |
| Injury lasting between 12 and 15 months | £2,040 | £2,725 |
You can speak with one of our friendly advisors today to discuss the severity of your injuries and learn how compensation is calculated.
Can The Manufacturer Be Liable For A Seatbelt Injury?
Yes, the manufacturer can be liable for a seatbelt injury if they have failed to meet legal safety standards. Due to the Consumer Protection Act 1987, you have the right to sue the manufacturer if they have created a defective product that has allowed a person to suffer harm.
For example, say that a manufacturing fault meant that your seatbelt did not tighten against your body after the impact of a car crash. With nothing to break your momentum, you could fall forward and hit your head on the back of the car seat in front of you. Since the seatbelt did not perform the expected function, you could make a product liability claim.
Our advisors are here around the clock to explain this further. You may be unsure as to whether the manufacturer is at fault, so why not contact them to confirm whether you could have a valid case?
What Compensation Is Awarded For Seatbelt Injury Claims?
Compensation in seatbelt injury claims is awarded for the specific physical, psychological and financial effects that each claimant has experienced. The first part of the compensation to consider comes under general damages. This covers the pain and suffering caused by the seatbelt injury.
General damages can apply to your current and future suffering, as many claimants experience long-term issues due to an accident on the road.
When assessing this aspect of the compensation, legal professionals may use the Judicial College Guidelines (JCG). This text provides guideline compensation brackets for a plethora of injuries.
We have included some JCG figures in the following table, which you may find helpful. However, it is important to note that each compensation award is calculated to reflect the claimant’s circumstances. Therefore, we cannot guarantee that the compensation brackets will apply to your case.
You may benefit from enquiring with our advisors about our free case assessment service. They can ask you about the details of your injuries and financial losses, allowing them to give you a tailored compensation estimate.
Please also note that the top entry in this table did not come from the JCG.
| Type and Severity of Injury | Compensation Guidelines Bracket | Notes |
|---|---|---|
| Multiple severe injuries resulting in financial losses | Up to £500,000+ | Multiple injuries with costs such as those relating to medical treatment, lost income and care expenses. |
| Neck Injury- severe (i) | In the region of £181,020 | Injuries giving rise to permanent spastic quadriparesis or those associated with incomplete paraplegia |
| Neck Injury – moderate (i) | £30,500 to £46,970 | Dislocation or fractures resulting in severe immediate symptoms and the potential need for spinal fusion |
| Traumatic injury to lung(s) chest and/or heart | £80,240 to £122,850 | There will be permanent damage, physical disability, impaired function and reduced life expectancy |
| Back Injury- severe (iii) | £47,320 to £85,100 | Soft tissues injuries, fractures of discs/vertebral bodies or disc lesions giving rise to chronic conditions where issues persist despite treatment/surgery |
| Back Injury- moderate (ii) | £15,260 to £33,880 | Injuries to the back which may involve disturbed muscles and ligaments with backache, soft tissue injuries leading to prolonged exacerbation and/or acceleration of a pre-existing back condition |
| Shoulder Injury- severe | £23,430 to £58,610 | Typically associated with injuries affecting the neck and significant disability resulting from damage to the brachial plexus |
| Shoulder Injury- moderate | £9,630 to £15,580 | Frozen shoulder where movement is limited, causing discomfort and symptoms lasting up to 2 years |
| Digestive System – from a traumatic injury (iii) | £8,060 to £15,370 | Serious seat belt pressure cases. |
Can I Claim For Other Damages In Seatbelt Injury Claims?
Yes, seatbelt injury claims can also include special damages, which account for the financial losses you have suffered as a result of the injuries.
If you are seeking to add special damages to your road traffic accident claim, it will be necessary to prove your losses. You can do this by supplying receipts, bank statements and payslips.
Examples of losses that you can recover under this part of the compensation include:
- Lost earnings due to time spent off work to recover from the seatbelt injuries
- Payments for private medical care and prescriptions- injuries caused by car accidents can often be traumatic, and you may not want to join a long waiting list to get the treatment you need
- The expense of travelling back and forth from medical appointments
- Professional care costs- many claimants find that they need help with daily tasks after suffering serious injuries
- The cost of home adaptations- for instance, you may pay for the installation of a wet room or stairlift to make your home livable
Contact an advisor today to further discuss these costs and how compensation could help your financial situation.
We pride ourselves
on providing the best service
possible for our clients.
We pride ourselves on providing the best service possible for our clients.
The Process For Claiming After A Seatbelt Injury
The seatbelt injury claims process requires you to gather sufficient evidence and start your case within the appropriate legal time limit. Keep reading this section to learn more about the steps you should take to start this process:
- Prioritise your health– although you may already be thinking about a claim for compensation, it is important that you get started by getting the medical treatment you need. Whether you need urgent care, a GP appointment or therapy, you should focus on arranging this as soon as possible. Concurrently, you will be creating an official record of your injuries and treatment. At a later stage, you can request a copy of your medical records as part of the evidence for your claim.
- Contact the police- this does not apply in all cases, but certain road traffic accidents should be reported to the police. For example, if you believe a driving offence has been committed, you should make a police report. You should also make your car insurance policyholder aware of the accident.
- Gather evidence- this can include dashcam footage, photgraphs of your injuries, as well as the contact details, insurance information and vehicle registration of the other vehicle involved in the accident.
- Keep your own records- When it comes to getting treatment for your injuries, the development of your symptoms and time taken off work, it can be a good idea to write it all down as you go along. You may find it useful to refer back to this as the case progresses, and it can be included in your evidence.
- Find the right solicitor for you- once your condition has stabilised, you may be wondering how else you can protect your interests. A compensation award could make it easier to focus on your recovery, as this helps many claimants to cope with their injuries financially. Our solicitors have a proven track record of successful cases. One of them could guide you throughout the process
- Confirm how long you have to begin a claim- you will need to start your seatbelt injury claim within the appropriate limitation period. This means you will likely have 3 years to claim, starting from the date of the car accident, though there are various exceptions.
This could be your first time learning about the requirements of a compensation claim, so don’t worry if you feel unsure. Our advisors can help you understand this and explain which evidence would be appropriate in your case.
Can I Claim For Seatbelt Injuries With A No Win No Fee Solicitor?
Yes, our solicitors handle seatbelt injury claims on a No Win No Fee basis through a Conditional Fee Agreement (CFA). Many claimants find this kind of agreement helpful as there is no need to pay for their solicitor’s work:
- Before your personal injury claim starts
- As the case progresses
- If you are unsuccessful in claiming compensation
However, on the condition that you are compensated, you will owe a success fee. This fee refers to a percentage of the compensation that you give to the solicitor who represented you. The percentage this fee can be is legally capped. Therefore, the major share of the compensation will remain with you.
You may be wondering how exactly one of our solicitors can help you. They can navigate the legal system efficiently, drawing on their years of training and experience. More specifically, they offer the following services to support you at every stage of the claim:
- Explaining how to prove your seatbelt injuries and the responsibility of the other party
- Managing communication and correspondence with the defendant on your behalf
- Expert negotiation of how much compensation should be awarded to you
- Organising an independent medical assessment for your case (this will only be arranged with your consent)
Contact JF Law
You can contact a JF Law advisor to find out if one of our solicitors can represent you. They are experts in handling seatbelt injury claims and have already secured over £80 million in compensation for claimants so far. However, there is no pressure to make a claim, so don’t worry if you’re unsure about proceeding at this stage.
- Call us on 0151 375 9916
- Submit an enquiry online
Learn More
Read our other personal injury guides below:
- Find out how to make a public transport accident claim
- Visit this guide on rear-end collisions
- Learn about hit and run claims
Further resources:
- Find out more about claiming Statutory Sick Pay (SSP)
- Check when it’s appropriate to call 999
- Read about the laws on seatbelts
Thank you for taking the time to read our guide on seatbelt injury claims.
Contact Us
Our helpline is open 24 hours a day, 7 days per week.
All calls are free and there’s no pressure whatsoever to proceed with a compensation claim.
If you write to us, we aim to respond within an hour or two, and no more than a few hours.
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