In India, road safety has been a significant issue. Although things have improved significantly over the years, and many new laws have been introduced, like making third-party insurance mandatory for all car owners, India is still lagging compared to western countries.
One of the main issues in India is that although we have all the rules, no one follows them or takes them seriously because there is no strict penalty imposed for not following them. The Road Safety department has pointed out that one of the significant causes of car accident-related fatalities and serious injuries is people not wearing seat belts, especially people sitting in the passenger seats.
To counter this issue, the government of India passed a law in October 2022 to make wearing a seat belt compulsory for co-passengers. So, you may wonder if insurance companies reject claims if the driver or the co-passenger is found guilty of not wearing a seat belt at the time of the accident. Let us know more about it in detail.
Why is wearing a seatbelt critical?
Before we dive deeper into seat belt and motor vehicle insurance and claim admissibility, let us understand why wearing a seat belt is vital for all.
•Accidents can happen at any time, even when you are driving slowly. Sometimes it may not be your fault at all. So, it is better to take the necessary precautionary steps and wear seat belts always.
•When you wear a seat belt, the impact of collision spreads throughout the body, significantly reducing the chances of serious injuries, especially to the head.
•Research has proved that wearing a seat belt reduces the chances of any major injuries to the spinal cord due to road accidents.
Common injuries caused because of not wearing a seat belt
A seat belt is specially designed to protect the driver and passengers from major injuries in an accident. And, if you don’t wear a seat belt, especially when you are sitting in the passenger seat, you may be vulnerable to various injuries; sometimes, the injury can be fatal. Some of the common injuries caused by not wearing a seat belt include –
• Traumatic brain injury
• Broken bones and fractures
• Facial injuries that leave a permanent scar
• Loss of limbs or amputation
• Paralysis
• Shoulder dislocation
• Ankle, knee and foot injuries
Not wearing a seatbelt and getting a claim under a motor insurance policy
As per the Indian traffic rules, any person driving without a seat and carrying passengers who are not wearing a seat belt is subject to pay a fine of Rs. 1000. When it comes to the rules pertaining to motor insurance claims, there is NO WAY an insurance company can reject or deny paying the claim amount on the grounds of not wearing a seatbelt; they have to honour the claim.
However, you must know that if the case goes to court, the insurance company has all the right to prove the violation of law and contributory negligence by the passenger to reduce the final claim settlement amount. In the case of third-party car insurance, the insurance company can use this as a fact to minimise the damage they are entitled to pay the other party.
Final Word
Wearing a seat belt while travelling in a car is for your own safety. While it may not result in the rejection of your claim, you must take care of your safety, as not wearing it may result in serious injuries.
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