Are Claims Payable If Seat Belts Are Not Worn While Driving?

Posted on: Dec 1, 2022 | | Written by:

Are Claims Payable If Seat Belts Are Not Worn While Driving?

Published on November 30, 2022. EST READ TIME: 4 minutes

Road safety has always been an issue in India. Though over the years, things have improved, better traffic management is happening. Safety measures are being taken, car insurance policy for third-party liability has been made mandatory, yet, we are still not there. The main issue in the country is that rules are there, but there is no one following them, and there is no enforcement or penalty imposed for not following them. Recently, after the death of Cyrus Mistry, the issue came up again and now the government is pushing for more strictness in enforcing the rules. One of the main issues that have come up is seat belt wearing for all passengers of the car. In India, only the people in the front two seats are usually seen wearing seat belts, whereas no one in the rear seats follows the rules. The fact is many wearing seat belts for the passengers on the rear seat has been compulsory in India since October 2002. There is a common question that people have if they have either comprehensive car insurance or third party car insurance. Are the claims payable by the insurance company if the driver or the passenger is not wearing a seat belt at the time of the accident? Let us understand this in detail.

Why wearing a seat belt is important?

Before we understand the connection between seat belts and the admissibility of insurance claims, let us understand why wearing seat belts is important for all people in the car. Some of the primary reasons are:

●There is no connection between driving slowly and no accidents. Accidents can happen anytime, anywhere and not even by your own fault. So safety is better than paying for somebody else’s mistakes.

●The force of collision by wearing a seat belt spreads over a wider area of the body.

●The movement of the hips and shoulders gets refrained when wearing a seat belt.

●The spinal cord and brain are protected by wearing a seat belt.

Not wearing a seat belt can hurt your claim with the insurance company.

As per the Central Motor Vehicles Rules, Rule 138(3), any person driving a vehicle without a seat belt and carrying passengers who are not wearing one will be fined Rs. 1000. Now let us come to the rule with respect to the claims of your car insurance policy. In case of a death claim due to a road accident, there is no way an insurance company can deny or reject the claim on account of the passengers not wearing their seat belts. They have to honour the claim by all means. One possibility here is that if the case goes to the tribunal or the court, the insurance company is well within their right to prove the violation of law and contributory negligence by the passengers. This can result in the final claim amount being less. In the case of third party car insurance, if the insured is not wearing a seat belt, the insurance company of the liable party can use this as a fact to reduce the damage they are entitled to. Comprehensive car insurance is optional, but third-party is mandatory for all vehicle owners, and this provides coverage for any damage, injury or loss to a third party. Death, disability and injury are also covered under this. As stated earlier, wearing a seat belt is for your own safety. It might not result in the rejection of a claim or a penalty or fine, but at the end of the day, staying safe is more important. There are many injuries which can be caused by not wearing a seat belt.

Common injuries caused by not wearing a seat belt

A seat belt is designed for the safety of the driver and the passengers and should not be worn to ensure the claims under the car insurance policy are payable or there is no fine levied. There are many injuries that can be caused if you are not wearing a seat belt. Awareness and responsibility are the two primary things for a vehicle driver. Without wearing a seat belt, the risk increases, and it can be fatal too. Death due to an accident while not wearing a seat belt is the worst thing.

Insurance might be payable, but losing someone is not easy for the family. Injuries can be minor or even life threatening and sometimes cause disability. Some of the other possible injuries that can be caused by not wearing a seat belt are as follows:

●Injury to head

●Traumatic brain injuries

●Paralysis and spinal cord injuries

●Back injuries

●Internal injuries

●Broken bones and fractures

●Scars and facial injuries

●Amputation and limb loss

●Whiplash

●Neck injuries

●Foot injuries

●Ankle injuries

●Knee injuries

●Shoulder injuries

●Hand and wrist injuries.

The main purpose of wearing a seat belt is to reduce the risk of the person being thrown out of the car due to an impact. The other purpose that seat belts fulfill is that they cause a reduction in the occupant motion which reduces the risk of an injury in case of an accident or collision. The injuries that can be caused due to the simple reason of not wearing a seat belt are many, and the mental pain is often worse than the physical pain. And this is not only for the injured person but also for their loved ones. This makes wearing seat belts very essential, and they should be worn at all times.

Conclusion

We all buy a car insurance policyto ensure that in case of any damage or loss to the car, the expenses are taken care of by the insurance company, and there is no financial strain of any sort. But we often forget our own safety. The basic thing that must be done to ensure safety and reduce the impact of an accident, and not gets injured is to wear seat belts. Wearing seat belts is mandatory, but not many wear them. As per the present rules, no insurance claim can be rejected if the seat belts were not worn. It can reduce the amount of the claim court goes to the court or the tribunal, as explained earlier. But always remember that seat belts should be worn at all times and not because your insurance claim might be reduced or you might be fined. Just keep in mind that safety comes first.

Disclaimer: The above information is for illustrative purpose only. For more details, please refer to policy wordings and prospectus before concluding the sales.

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