Yes. You can file a car accident claim if you weren’t wearing a seat belt, but the insurance company might argue that your own negligence contributed to your damages. If your injuries would have been less severe had you been buckled up, it’s likely that you won’t be able to recover compensation for all your medical bills and other losses. Due to California’s pure comparative negligence law, your financial recovery would be reduced by your own percentage of fault.
About Michael Waks
Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.