Can I Get Compensation If I Wasn’t Wearing a Seatbelt?

Even if you weren’t wearing a seatbelt, we can still help

Speak to one of our lawyers today to find out whether you can make a claim today.

Throughout Australian there are a number of different jurisdictions, what applies to you in NSW, ACT and SA may not apply to you in some of the other States.

If your motor vehicle accident took place in any of the states below, please follow the relevant link for the most appropriate content.


Who was at fault for the accident?

In many cases, people who have been involved in road accidents are unsure who’s at fault. Even afterwards, if the accident transpired quickly it can hard to determine what actually happened.

If you’ve been in an accident and wasn’t wearing a seatbelt we understand how traumatic this can be. Also if weren’t restrained you probably suffered more than if you were. Because of this, it can be difficult to determine what happened, especially if you are being pressured to explain the circumstances by an insurance company.

For this reason, we recommend not speaking to anyone without speaking to us first. Our team of motor accident solicitors can make this determination using their years worth of experience with cases like yours.

Call 1800 106 107 for a no-obligation conversation about your situation and to see if you have grounds for a claim.

We have offices throughout the country.

Common injuries sustained due to no seatbelt

Unrestrained drivers and passengers of vehicles are much more likely to suffer serious injuries and TPD (total permanent disabilities) than those who are restrained.

Some of the most common injuries we help people with are:

If we haven’t mentioned the injuries you or your loved one has suffered in the list above, don’t worry as we can still help.

In some sad cases, we deal with are when unrestrained passengers injuries are so severe that they can’t be saved. If you have come across this page and lost someone you love we would just like to say how sincerely sorry we are.

Our legally trained customer service consultants are empathetic and here to help. If you need to make a fatal accident claim to the justice for your loved one they will be able to calmly guide you in the right direction.

Call us today on 1800 106 107 for free impartial advice regarding your situation.

Assessment and lodgement

If you weren’t wearing a seatbelt, the Defendant may argue that there contributory negligence’.

Contributory negligence means that you the “claimant” contributed to your accident or the severity of your injuries.

In cases where you’re deemed to have contributed to your accident and injuries, the defending party will want to reduce the amount of compensation you’re owed. Typically, the amount they will try to reduce part of your claim by is 25 %. Good lawyers can get this percentage down to 10% and in some cases no reduction at all.

The compensation lawyers at Australian Accident Helpline handle claims like this on a daily basis and well versed in dealing with insurance companies.

Timeframe and eligibility

In all Australian states, there are specific time frames in which road accident compensation claims must be made. If you’re thinking of making a claim but believe you have left it too late, there could be a chance. The timeframes for claiming aren’t set in stone as there are many factors that can leave the gates open.

You may also be wondering if you have a genuine claim and whether or not our lawyers will accept your case. When you call us we can usually let you know in minutes if you’re eligible to make a claim with us.

You can also check your claim online here.

Can I get no win no charge if I didn't wear a seatbelt?

Yes, you can still make a no win no fuss claim but only a practising lawyer can make this determination for you. When you call us and we establish what happened we will then transfer you to a lawyer that has experience handling cases where the plaintiff was unrestrained.

If you’re eligible to make a no seatbelt compensation claim some of the things the lawyer will discuss with you are:

  • How long it will take to settle
  • Your chances of success
  • What you can achieve

They will also discuss their legal fees with you in great detail so that there are no hidden surprises down the line. You will then be left to decide whether claiming compensation is right for you or not.

What if I lose my case because I wasn’t wearing a seatbelt?

In the unlikely event your case is unsuccessful you won’t receive any compensation and because of our no-win-no-fee guarantee, you won’t owe any money to your lawyer or anyone else for that matter.

When you claim with Australian Accident Helpline if you lose your case you won’t be left out of pocket. Working with us is truly risk-free.

How much compensation can I get?

The amount of compensation owed to you will depend on the severity of your injuries, the State in which the accident took place and how much contributory negligence took place.

Some of the things your motor accident lawyer will consider when they calculate your compensation include.

  • Any time off work and lost earnings
  • Any future lost earnings
  • Any changes in your ability to work
  • Care or support, even if given to you for free by family or friends
  • Any adaptations you might need to your home or motor vehicle
  • Travel and accommodation expenses

Unfortunately, at this stage, we cant tell you exactly how much compensation you will receive because of the many changing variables, but you can make your own evaluation using our motor injury compensation calculator here.

What to do next

The best way to begin is by calling our friendly advisors for a no obligation chat about your accident and injuries.

If you’re not ready to speak with someone just yet you can also make a start using our secure online forms and one of our team will call you back. Or continue using our website for more information specific to your situation.

Why Australian Accident Helpline?

Our lawyers are committed to getting you the maximum compensation you deserve. Every day we help people injured through no fault of their own start their journey to compensation.

All calls are confidential and we never pressure anyone into claiming. You will receive expert legal advice from a personal injury lawyer who has experience in cases like yours.

At the end of our phone call, it’s up to you whether you decide to take things further or not. If you wish to proceed, we can provide you with first-class legal representation anywhere in Australia.

Australian Accident Helpline has branches in SydneyMelbourneBrisbanePerthAdelaideDarwin and throughout each state.

We handle all claims on a strictly no win, no payment basis so win or lose, you won’t be left out of pocket.

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