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Car & Truck Accidents

4/1/2010
Shelly M. Leeke
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"You Weren't Wearing A Seatbelt": Another Meritless Argument by Insurance Companies

Insurance adjustors may attempt to devalue car accident claims if the injured party was not wearing a seatbelt.

The Argument: The injured party wasn't wearing a seatbelt, so this makes the negligent driver "less" at fault for causing the car crash.

While I am certainly a very big proponent of wearing a seatbelt at all times and encourage all of my clients to do so, this is yet another meritless attempt to avoid paying claims by insurance companies.

The fact of the matter is, in South Carolina, failure to wear a seatbelt cannot be used as evidence of negligence or contributory negligence in a civil lawsuit. What this means is if you are injured in a car accident that was not your fault, you have a case against the party that caused the accident. Even if you were not wearing a seatbelt when the accident occurred, you are still entitled to recover for all of your medical bills, lost wages and pain and suffering caused by the accident. The at fault driver cannot use the fact that you were not wearing a seatbelt against you in court to show you were partially responsible for your injuries.

Here is a real case that discusses this provision of the seatbelt law.
For more on the seatbelt law in South Carolina, click here.
Visit our Car Accident Resource Library.
Contact Shelly Leeke Law Firm for a free consultation.

Labels: accident accident attorney accident lawyer sc back injury car accident car crash sc charleston accident

Shelly Leeke Law Firm serves all areas of South Carolina, particularly in the lowcountry, including Charleston County (Charleston, North Charleston, West Ashley, Mt. Pleasant, Awendaw, James Island, Ladson); Berkeley County (Goose Creek, Hanahan, Summerville, Moncks Corner, Daniel Island); Dorchester County, Colleton County, Georgetown County, Clarendon County, Beaufort County, Jasper County, McClellanville, Orangeburg County, Sumter County, Williamsburg County, Hampton County and Horry County. We have two convenient offices to serve you, and represent clients throughout the state of South Carolina. Call 1-888-690-0211 or 843-277-6061 for a complimentary case evaluation.

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103 Laurel Avenue
Goose Creek, SC 29445
Phone: (843) 277-6061
Fax: (843) 297-8497
Toll Free: 1-888-690-0211

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222 W. Coleman Blvd.
Mt. Pleasant, SC 29464
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