Seatbelts - Matters to Take into Consideration
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In order to establish whether a seatbelt was being worn at the time of the accident reference is often made to the ambulance records , who will sometimes note this as will A&E records. It is also helpful to speak to the witnesses or anyone at the scene that helped get the driver out of the car and, of course, the Police.
There are also lots of occasions when the Defendant will not be able to discount the compensation for not wearing a seat belt and it is useful to check whether the driver's vehicle had seatbelts fixed - older cars are unlikely to have them.
The driver would be exempt from wearing a seatbelt if she is pregnant, has a medical condition or is a taxi driver. Even if the Defendant manages to prove the driver was not wearing a seat belt, the Defendant will need to show the lack of seatbelt has contributed to the injury.
The most reduction available is 25% but in reality this can normally be negotiated to 15-20%.
Senior Legal Executive - Personal Injury team
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