Do You Still Have a Claim if You Weren't Wearing a Seatbelt in Alberta?
If you were injured in a car accident but weren't wearing a seatbelt, you may be wondering: Can I still make a claim? or Will the insurance company automatically deny my case?
The short answer is **yes—you can still claim compensation**, but the amount you receive may be reduced. Alberta law recognizes that even if you weren't wearing a seatbelt, another driver may still be primarily at fault for causing the crash. However, insurers often use this fact to **minimize payouts**, arguing that your injuries were worse because you didn't buckle up.
As Alberta personal injury lawyers who once defended insurers, we know exactly how they handle 'seatbelt defence' cases—and how to protect your right to fair compensation.
This guide explains:
What Counts as a Car Accident Claim in Alberta?
A car accident claim seeks compensation for injuries, financial losses, and emotional harm caused by another driver's negligence. Even if you weren't wearing a seatbelt, the focus is still on **who caused the crash**—not just how you were injured.
Common Car Accident Injuries in Seatbelt-Related Claims:
Alberta's Seatbelt Law and Contributory Negligence
Under Alberta's Traffic Safety Act, all drivers and passengers must wear seatbelts when a vehicle is in motion, unless medically exempt. Failing to wear a seatbelt can result in a fine of **$162** per unbelted occupant and potential liability reduction if injured in a crash.
The Other Driver May Be at Fault
The other driver may be found at fault for causing the collision.
Partial Fault for Injury Extent
You may be found partially at fault for the *extent* of your injuries because you didn't wear a seatbelt.
Compensation Reduction
Compensation is then reduced by a percentage that reflects your share of responsibility.
Not wearing a seatbelt does **not** eliminate your right to claim compensation, but it affects how fault and damages are calculated. When someone is injured without a seatbelt, insurers and courts apply the concept of 'contributory negligence'—sharing responsibility for the outcome if injuries were made worse due to not being restrained, even if you didn't cause the accident.
Steps to Take After an Accident if You Weren't Wearing a Seatbelt
Your actions immediately after an accident can protect your health and strengthen your claim, even if you weren't wearing a seatbelt.
Call 911 and Report the Accident
Always report the crash to police, even if you believe you were partially at fault.
Seek Immediate Medical Care
Hidden injuries (like internal bleeding or concussions) are common in unbelted occupants. Early treatment also strengthens your claim.
Document the Scene
Take photos of your vehicle, damage, airbag deployment, and surroundings.
Get Witness Statements
Independent witnesses can help prove the other driver caused the crash.
Notify Your Insurer Promptly
Alberta insurers require notice within 7–30 days depending on the policy.
Keep a Recovery Journal
Track pain, mobility limits, and daily disruptions—important for compensation calculations.
Contact an Alberta Car Accident Lawyer Early
A lawyer can manage communications with insurers, gather expert evidence, and minimize any reduction for contributory negligence.
How a Lawyer Helps When You Weren't Wearing a Seatbelt
An experienced personal injury lawyer can protect your rights and minimize compensation reductions even when you weren't wearing a seatbelt.
Protecting Your Right to Claim
Ensures insurers do not unfairly deny or over-reduce your payout.
Collecting Evidence
Works with crash experts and medical specialists to prove how much (or how little) the seatbelt affected your injuries.
Negotiating Reductions
Challenges excessive deductions based on speculative assumptions.
Handling Insurer Tactics
Prevents the insurer from using the 'seatbelt defence' to pressure you into a low settlement.
Maximizing Compensation
Accounts for long-term medical care, rehabilitation, and pain and suffering.
Frequently Asked Questions
Conclusion
Not wearing a seatbelt can affect your compensation, but it doesn't eliminate your right to claim. Alberta law allows injury victims to recover damages even if they share partial responsibility. The key is proving that the other driver caused the crash—and minimizing the impact of contributory negligence on your settlement.
You can still make a claim if you weren't wearing a seatbelt.
Damages may be reduced by 5–25%, depending on the evidence.
Fault for the accident and fault for your injuries are treated separately.
A lawyer can gather expert evidence to protect your rights and maximize compensation.
Injured in an accident—even if you weren't wearing a seatbelt? Contact us today for a free consultation.
Contact us today for a free consultation. No fee unless we win.