here is the situation: the wreck was my fault. i have insurance. the other driver was injured, he bang his head on the dashboard which resulted in a concusion, however... he was not wearing a seatbelt.. i know cuz i rushed to help him and noticed this... now, i want to know if i am still obligated to pay for his injury if it was completely avoidable if he would have just worn his seatbelt.
2007-06-18 12:17:19 · 14 answers · asked by JJ C 2 in Cars & Transportation ➔ Insurance & Registration
First you need to know if your state has the 'seat belt defense.' Seriously. CA has it. All it means is that the injury award can be reduced if no seatbelt was worn.
Second, you only owe for injuries as a direct result of the accident and not anything else. So the concussion he's owed for.
2007-06-18 14:48:31 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
Well, I would think that a good liability injury attorney may be able to prove some culpability on his part. However, I doubt that you will be able to avoid at least a partial liabilioty, since, as you say, the accident was your fault. I hope the police noticed he wasn't using his seat belt? If there was no record made of the fact, then I'm afraid you're going to be stuck for the entire costs. Good luck!
2007-06-18 19:25:38 · answer #2 · answered by Kiffin # 1 6 · 0⤊ 1⤋
the person could be charged with failure to wear a seat belt, but if you were at fault, your insurance company will have to foot the bill and you will have to pay more in insurance premiums, since the cause of the accident was your self admitted fault. two wrongs don't make a right as in this case. sorry.
2007-06-18 19:29:40 · answer #3 · answered by barrbou214 6 · 0⤊ 0⤋
If he sustained severe injuries and was not wearing a seat belt, you might have a case for contributory negligence.
how severe were the injuries he sustained, and how severe would they haven been had he been wearing a seatbelt.
You would need a doctor as an "expert witness" and if the injuries were substaintial, your ins co might pursue the matter.
2007-06-18 20:25:42 · answer #4 · answered by TedEx 7 · 0⤊ 0⤋
Well, maybe he would not have hit his head had he worn his belt; but, the whole wreck would not have happened if you had not run into his car. Try not to drive so wild and carefree! Your insurance (assuming you are covered) should pay for his medical bills. If not, he is likely within his rights to go to court to recover.
2007-06-18 19:24:58 · answer #5 · answered by AgsFan 5 · 0⤊ 0⤋
Yes you are liable. Even if it is the law to wear your seat belt in your state. You ultimately caused the injuries because of the collision. You are also obligated to pay for pain and suffering, lost wages, car rental, car repair and mileage expenses.
2007-06-18 19:21:10 · answer #6 · answered by Jeff 2 · 1⤊ 0⤋
In a perfect world you would be off the hook for the other dope's injuries, however, we have to make do in the real world so you may as well get out the checkbook and plan on working nights for a few years.
2007-06-18 22:44:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Yes you are liable whether or not he had worn a seatbelt if not the problem the problem is you where liable
2007-06-18 19:31:31 · answer #8 · answered by Pengy 7 · 0⤊ 0⤋
Your insurance is obligated to pay for his injuries.
2007-06-18 19:25:20 · answer #9 · answered by LAYLA R 3 · 0⤊ 0⤋
your insurance company pays for damge to the car, but generally your registration will cover the damage to the other person.
ring or email your insurance company and they will know.
2007-06-18 19:27:29 · answer #10 · answered by Sarah 2 · 0⤊ 0⤋