CALL NOW 773-202-5060 | Español
  • Make My Payment
  • Renew My Policy
  • Customer Service
  • Locations
  • Contact Us
Insure On The Spot
  • Auto Insurance
  • SR22 Insurance
  • About Us
  • Blog
  • Get Free Quote
  • Make My Payment
  • Renew My Policy
  • Customer Service
    • Payment Options
    • Roadside Assistance
    • Report An Auto Insurance Claim
    • Auto Insurance FAQs
    • Tips & Resources (Articles)
  • Locations
    • Corporate Headquarters
    • Chicago, IL South
    • Berwyn, IL
    • Melrose Park, IL
  • Contact Us
‹ back to All Auto Insurance Tips
Oct
28

Can Not Wearing a Seat Belt Affect Your Injury Claim in Illinois?

UPDATED: June 23, 2025
Share:

Yes, not wearing a seat belt can impact your safety and your financial recovery after a car accident. Seat belts save lives – nearly 50% of people killed in Illinois car crashes in recent years were not wearing one. If you’re injured and weren’t wearing your seat belt, insurance companies may argue you contributed to your injuries, potentially reducing your settlement. 

However, Illinois law prevents blaming you in court just for not buckling up. The bottom line: always buckle up to protect your life and your legal rights. 

For guidance on an injury claim or insurance coverage, call Insure on the Spot at 773-202-5060.

How Do Seat Belts Protect You in a Crash?

Seat belts are the most effective safety device in any vehicle. They significantly reduce the risk of injury or death by keeping you secure during a collision. Here’s how seat belts protect you:

  • Prevent Ejection: In a violent crash, a seat belt keeps you inside the vehicle, preventing ejection. Being thrown from the vehicle is almost always fatal.
  • Reduce Impact Force: A seat belt distributes crash forces across the stronger parts of your body, such as your chest, shoulders, and pelvis, instead of your head or abdomen. This greatly reduces the severity of injuries.
  • Prevent Collision with Interior: Without a seat belt, a sudden stop can cause you to hit the steering wheel, dashboard, or windshield. A seat belt keeps you in your seat and prevents this dangerous impact.
  • Work Together with Airbags: Airbags are designed to work with seat belts, not replace them. If you’re unbelted, the airbag could cause serious injury. Wearing a seat belt ensures you’re in the proper position to benefit from the airbag’s protection.

Wearing a seat belt is the best defense against injury. It significantly lowers the chance of life-threatening trauma and protects you from being thrown around or out of the vehicle. Buckling up also protects other passengers – an unbelted person can slam into others during a crash.

Will Not Wearing a Seat Belt Hurt My Injury Claim in Illinois?

In many states, the answer would be yes – this is known as the “seat belt defense.” Under comparative negligence laws, an at-fault driver can argue that your injuries were worsened because you weren’t wearing a seat belt, reducing your compensation. However, Illinois is not one of those states. 

Illinois law prohibits using lack of a seat belt as evidence of negligence. In Illinois, whether or not you were wearing a seat belt does not impact your right to recover damages in an injury claim. The other driver’s insurance cannot legally deny or reduce your claim just because you weren’t wearing a seat belt.

While Illinois protects your claim, not wearing a seat belt can still complicate your case. An insurance adjuster may argue during settlement negotiations that your injuries could have been less severe if you had been buckled up, even though this wouldn’t hold up in court. If your injuries are very severe due to not wearing a seat belt, you might exhaust the at-fault driver’s liability coverage, leaving you with unpaid medical bills.

In short, while Illinois law protects your legal right to compensation, the best practice is always to wear your seat belt. It keeps you safe and avoids complications with insurance companies.

How Does Not Wearing a Seat Belt Impact Insurance and Medical Costs?

Beyond the legal impact, not wearing a seat belt can have serious financial consequences:

  • Higher Medical Bills: Without a seat belt, you’re more likely to suffer severe injuries, such as head or spinal trauma. These injuries often come with extremely high medical costs, including emergency care, surgeries, and long-term rehabilitation.
  • Partial Coverage or Denied Payouts: In other states, the “seat belt defense” may allow an insurance company to reduce the payout for your injuries. Even in Illinois, insurers may attempt to reduce their offer based on your unbelted status. Always fight for the full compensation you deserve.
  • Traffic Tickets and Fines: In Illinois, not wearing a seat belt is a primary offense, meaning police can stop you just for not buckling up. A first offense carries a fine of around $25. While this fine isn’t huge, it still adds to your costs and can increase if you have multiple violations.
  • Insurance Rate Increases: A seat belt ticket, if considered a moving violation, could increase your insurance premiums. Serious injuries from not wearing a seat belt can lead to large insurance claims, which in turn may raise future premiums.

In summary, not wearing a seat belt not only jeopardizes your health but can also lead to higher medical bills, potential insurance disputes, traffic fines, and rising insurance rates. Buckling up is a simple but critical step to protect both your body and your finances.

FAQs: Seat Belts and Injury Claims


Q: How do seat belts reduce injuries in a crash?
A: Seat belts prevent ejection, reduce impact force, stop collisions with the interior of the vehicle, and work together with airbags to cushion the blow. Wearing a seat belt reduces the risk of fatal injury by about 45%.


Q: Can not wearing a seat belt affect my injury claim?
A: In Illinois, no. Illinois law prohibits using lack of a seat belt as evidence of negligence. You can still recover damages even if you weren’t wearing a seat belt. Insurance companies may argue your injuries were worse, but this can be challenged in court.


Q: Will my insurance still cover me if I wasn’t wearing a seat belt?
A: Yes. In Illinois, insurance will still cover your injuries, but the extent of coverage may depend on the fault of the other driver. Not wearing a seat belt may increase the severity of your injuries, leading to higher medical bills that exceed your policy’s limits.


Q: Do seat belt laws require me to buckle up in Illinois?
A: Yes. Illinois law requires everyone age 8 and older to wear a seat belt in a moving vehicle. Not wearing a seat belt is a primary offense in Illinois, and you can be fined up to $25 for the first violation.


Q: Is it important to wear a seat belt in the back seat or on short trips?
A: Absolutely. Seat belts are just as important in the back seat, and crashes on short trips can still cause serious injuries. Wearing a seat belt significantly reduces the risk of injury in any seat, no matter how short the trip.


Contact Us for Help with Injury Claims

If you’ve been in an accident or have questions about how seat belts impact your injury claim, Insure on the Spot at 773-202-5060 is here to help. Our Chicago-based team of experts is ready to guide you through the insurance process and ensure you get the compensation you deserve. Stay safe on the road – and always buckle up!

 

In: Claims, Safety
‹ back to All Auto Insurance Tips

Get Auto Insurance

Choose a Topic:

  • Affordability
  • Claims
  • Coverages
  • Education
  • International
  • Legal
  • License & Registration
  • Maintenance
  • Rentals
  • Safety
  • SR-22
  • Tips
  • Uncategorized
  • Vehicle Type Guides
Road Curve
Services
  • Auto Insurance
  • SR22 Insurance
  • Motorcycle Insurance
  • Get FREE Quote
  • Make My Payment
  • Renew My Policy
  • Call Now 1-773-202-5060
Locations
  • Corporate Headquarters
  • Chicago, IL South
  • Berwyn, IL
  • Melrose Park, IL
  • Additional Areas Served
Need Help?
  • Easy Payment Options
  • Report a Claim
  • Auto Insurance FAQs
  • Tips & Resources (Articles)
  • Contact Us
  • Employment Opportunities
  • Location Finder
  • ILIVS Illinois Insurance Verification System
  • See what our customers are saying about us!
Get Auto Insurance
Get Free Quote
  • Affiliate Login
  • Privacy Policy
  • Sitemap
  • Terms & Conditions
Copyright © 2025 Insure On The Spot
Trusted Since 1986