Kristopher earned his J.D. at the University of Southern California Gould School of Law where he was a member of the Review of Law and Social Justice honors law journal and was awarded several scholastic honors.
According to the CDC, more than half of all teens and adults aged 13 to 54 who died in car crashes in 2021 were not wearing a seatbelt at the time of the collision. It’s one of the most preventable causes of serious injury and death on California roads.
If you were not wearing a seatbelt when your accident happened, you may be asking: “Will I lose my right to compensation?”
The short answer is: it won’t bar you from filing a claim. But it can reduce what you recover.
In this guide, I’ll explain:
- How California law treats seatbelt use in personal injury claims
- How insurance companies use the seatbelt defense to reduce payouts
- What an experienced attorney can do to protect your recovery.
California’s Seatbelt Law: 6 Things You Need to Know (CVC §27315)
California Vehicle Code §27315 – known as the Motor Vehicle Safety Act – is the foundation of California’s seatbelt requirements. Before you assume the worst, here’s what the law actually says.
1. Is a seatbelt violation a moving offense in California?
No, it’s not.
Under §27315(h), a seatbelt violation is classified as an infraction – not a moving violation. The base fine is $20 for a first offense and $50 for each subsequent offense. Once court fees and penalty assessments are added, the total typically reaches around $160 for an adult violation.
This is an important distinction that some competing sources get wrong. Because it’s an infraction rather than a moving violation, it’s treated differently by both the DMV and insurers.
2. Does a seatbelt violation put points on your license?
For an adult seatbelt violation, no.
Because it is an infraction carrying 0 DMV points, it will not normally affect your Good Driver Discount – a 20% discount on your premium that California law mandates insurers offer to qualifying drivers under Insurance Code §1861.02.
However, a child restraint violation under CVC §27360 is treated differently. These violations often do carry a DMV point and come with much steeper fines – often over $490. Because a point is added to your record, a child restraint violation can disqualify you from the Good Driver Discount and lead to a premium increase.
3. Can you be excused from wearing a seatbelt?
Yes, in limited circumstances.
Under §27315(g), a person with a physical or medical condition that makes seatbelt use inappropriate is exempt. The condition must be certified in writing by a licensed physician or chiropractor, who must stat the nature of the condition and why restraint is inappropriate.
If this exemption applies to you, it can be significant in defending against a seatbelt defense argument. If you had a valid medical reason for not being buckled up, the opposing side’s ability to use your non-use against you is considerably weakened.
DID YOU KNOW?
A seatbelt violation in California does not automatically prove you were negligent. The defense still has to work to prove your non-use actually caused your injuries – you can see real case studies about this further below.
4. Does a seatbelt violation prove you were negligent?
No, it doesn’t.
This is one of the most misunderstood aspects of California seatbelt law. Under §27315(i), a seatbelt violation “does not establish negligence as a matter of law or negligence per se for comparative fault purposes.”
In plain English: the fact that you weren’t wearing a seatbelt does not automatically mean you were negligent. Negligence may still be proven as a fact – but it’s not assumed. This is why you are not barred from filing a claim even if you received a ticket.
5. What if your seatbelt wasn’t working?
Under §27315(f), the owner of a vehicle has a legal duty to maintain seatbelts in good working order. If your seatbelt was not functioning at the time of the accident, this directly undermines one of the four conditions the defense must prove to succeed – specifically, that a working seatbelt was available to you.
A non-functioning seatbelt can significantly weaken or defeat the seatbelt defense entirely.
6. What if your car was made before 1968?
Federal law did not require seatbelts in new vehicles until the 1968 model year, established by the National Traffic and Motor Vehicle Safety Act of 1966. When the Act was signed into law by President Lyndon B. Johnson, he stated that “starting with our 1968 models, American and foreign, we are going to assure our citizens that every new car they buy is as safe as modern knowledge knows how to build it.”
California’s §27315(f) reflects this: there is no requirement to install or maintain seatbelts in a vehicle where federal law did not require them at the time of its initial sale. If your vehicle predates the 1968 model year and has no seatbelts, the defense cannot credibly argue you failed to use one.
Note: some sources cite 1964 as the relevant date — this is incorrect. The correct date under federal law is 1968.
Why Wearing a Seatbelt Matters: The Safety Data
Understanding why courts and insurers take seatbelt non-use seriously starts with the data.
DID YOU KNOW?
Wearing a seatbelt reduces the risk of death for front seat car occupants by 45% and the risk of serious injury by 50% – yet more than half of all teens and adults who died in car crashes in 2021 were not buckled up.
What the NHTSA data shows
According to the National Highway Traffic Safety Administration, wearing a lap and shoulder seatbelt reduces the risk of death for front seat passenger car occupants by 45% and the risk of moderate to critical injury by 50%. For front seat light truck occupants, the reductions are even greater – 60% for deaths and 65% for serious injuries.
These are not marginal gains. They represent the difference between walking away from an accident and suffering catastrophic, life-altering injuries. These are statistics an opposing legal team will cite when arguing that your injuries were made worse by your own choice not to buckle up.
What happens when people don’t buckle up
The real-world consequences are just as stark. The CDC reports that more than half – between 51% and 61% – of teens and adults aged 13 to 54 who died in crashes in 2021 were unbelted at the time. Seatbelts prevent occupants from being thrown against the vehicle interior, ejected from the vehicle, or colliding with other passengers in a collision.
The absence of wearing a restraint usually becomes a focal point in personal injury litigation.
How Does California’s Comparative Negligence System Work?
What is pure comparative negligence?
California operates under a pure comparative negligence system for personal injury claims. This means that even if you were partly – or even mostly – responsible for your own injuries, you can still pursue compensation. Your total award is simply reduced by your percentage of fault.
Unlike some states that bar recovery if you are more than 50% at fault, California allows recovery at any fault level.
A plaintiff found to be 90% responsible can still recover 10% of their damages.
DID YOU KNOW?
California’s pure comparative negligence system means you can still recover compensation even if you were at fault for your own injuries. If a jury finds you 35% responsible for not wearing a seatbelt, you don’t walk away empty-handed – you simply recover 65% of your total damages.
How does it apply to seatbelt cases?
In practice, this cuts both ways. It means you are never automatically locked out of a claim because you weren’t wearing a seatbelt. But it also gives insurance companies a legal framework to argue that your own choices contributed to the severity of your injuries – and to push for a reduction in what they owe.
For example: say your injuries are valued at $100,000. The defense argues that your failure to wear a seatbelt caused 35% of your injuries. If the jury agrees, your maximum recovery drops to $65,000. In higher-value cases, that percentage reduction can mean the difference of hundreds of thousands of dollars.
What Is the Seatbelt Defense?
How insurers use the seatbelt defense
The seatbelt defense is the argument used by opposing counsel and insurance companies to reduce – or in extreme cases eliminate – the compensation you receive. This is because your injuries could have been made worse by your failure to wear a seatbelt.
The defense doesn’t need to prove that you caused the accident.
The defense only needs to show that your injuries were more severe because of your failure to wear a seatbelt.
When drivers are not wearing seatbelts, insurance companies almost always attempt to deploy this defense. It is standard practice – and without experienced legal representation, it can be highly effective.
The four things the defense must prove (CACI No. 712)
California’s standard jury instruction for the seatbelt defense – CACI No. 712 – sets out exactly what the defense must establish. All four elements must be proven for the defense to succeed:
1. A working seatbelt was available
The defense must show a functioning seatbelt was present and accessible to you at the time of the accident. If your seatbelt was broken, or if your vehicle predates the 1968 federal requirement, this condition may not be met.
2. A reasonable person would have used it
The defense must show that a reasonably careful person in your situation would have buckled up. This is assessed objectively – and since California has mandated seatbelt use since 1992, courts set a high bar here.
3. The plaintiff failed to wear the seatbelt
This is typically established through physical evidence: photographs of the seatbelt in the stored position, witness testimony, or findings by the attending traffic officer.
4. The injuries would have been avoided or less severe
This is usually the most contested element. The defense must show a causal link between your non-use of the seatbelt and the specific injuries you suffered. Depending on the complexity of your injuries, this may require expert testimony – though California courts have confirmed that in straightforward cases, juries can apply common sense without expert evidence.
What does the defense investigate?
To build their case, opposing counsel and insurance adjusters will typically examine:
- Witness statements about your seatbelt habits or whether you were seen buckled in
- Photographs from the scene showing the seatbelt in the stored or unused position
- Medical records and expert opinions on whether your injuries are consistent with being unrestrained
- Evidence of ejection from the seat, movement within the vehicle, or impact with the interior
Understanding what they are looking for is the first step in knowing how to challenge it.
3 Real California Cases: How the Seatbelt Defense Plays Out
The seatbelt defense is not theoretical. It has been tested repeatedly in California courts, with real financial consequences for injured plaintiffs.
Here are three significant cases that illustrate how it works in practice.
Housley v. Godinez (1992)
Outcome: Plaintiff found 30% at fault. Damages reduced from $31,205 to approximately $21,844.
In Housley v. Godinez, a passenger in a pickup truck was seriously injured when the vehicle collided with farm equipment. The defendants raised the seatbelt defense, arguing that the plaintiff’s failure to wear a seatbelt contributed to his injuries.
The jury agreed – finding the plaintiff 30% at fault – and his compensation was reduced accordingly.
This case illustrates conditions 1, 3 and 4 of CACI No. 712 in action: the seatbelt was available, the plaintiff did not use it, and the jury accepted that doing so contributed to the severity of his injuries. Even where the other parties bore the majority of fault for the accident itself, the plaintiff’s non-use of a seatbelt had a direct and material impact on his recovery.
Lara v. Nevitt (2004)
Outcome: Plaintiff found 50% at fault. Total damages of $39,000 effectively halved.
Lara v. Nevitt involved a long-distance trucker who was asleep in the sleeper berth of a big rig when another driver lost control and caused a collision. Lara was not wearing the restraint available in the berth and was thrown forward, striking his head and shoulders against cabinets.
The jury found him 50% at fault for not wearing a seatbelt.
Two aspects of this case make it particularly significant.
- First, Lara was not legally required to wear a seatbelt in the sleeper berth – yet the court upheld the seatbelt defense anyway.
- Second, the court confirmed that expert testimony is not always required for the seatbelt defense to succeed.
Birdsall v. Helfet (2025)
Outcome: $4,642,190 jury verdict reversed on appeal. New trial ordered. Seatbelt evidence wrongly excluded.
Birdsall v. Helfet is the most recent California authority on the seatbelt defense. Gary Birdsall was stopped on the Bay Bridge when his vehicle was rear-ended at high speed. He was found not to be wearing his seatbelt – photographs showed it in the stored position. The jury awarded him over $4.6 million and his wife $550,000.
But the defendant appealed and and the Court of Appeal reversed the entire judgment.
One of the central grounds was that the trial court had wrongly excluded all evidence of Birdsall’s failure to wear a seatbelt and refused to give the jury the CACI No. 712 instruction. The appellate court found this was a fundamental error.
The case is now being retried.
It demonstrates that even in multimillion dollar cases, the seatbelt defense is taken seriously by California courts – and that improperly excluding it can overturn an entire verdict.
How Can the Seatbelt Defense Affect Your Compensation?
How fault percentages reduce your award
The financial impact of the seatbelt defense depends on what percentage of fault the jury assigns to your non-use of the seatbelt. Under California’s pure comparative negligence system, that percentage is deducted directly from your award. To illustrate:
- 20% fault: a $200,000 claim becomes $160,000
- 40% fault: a $200,000 claim becomes $120,000
- 70% fault: a $200,000 claim becomes $60,000
In extreme cases, a 100% fault finding is possible and can leave you with nothing. While this is rare and difficult to prove, it is a risk in cases where the accident itself was relatively minor and the injuries severe.
What damages can you still recover?
Even where some fault is assigned to you for not wearing a seatbelt, you may still recover substantial compensation for a wide range of losses. Recoverable damages in California personal injury cases typically include:
Medical expenses
All past and future costs of treatment – hospitalization, surgery, medication, rehabilitation, and long-term or specialist care.
Lost wages
Income lost during your recovery, as well as any permanent reduction in your earning capacity if your injuries affect your ability to work.
Pain and suffering
Compensation for the physical pain, emotional distress, and diminished quality of life resulting from your injuries.
Property damage
The cost of repairing or replacing your vehicle and any other property damaged in the accident.
Loss of consortium
Compensation for the impact of your injuries on your relationship with your spouse or family members.
The key is ensuring that the percentage of fault assigned to your seatbelt non-use is kept as low as possible – and that it only covers injuries that were genuinely attributable to that non-use, not the full extent of your damages.
Does Not Wearing a Seatbelt Affect Your Insurance Premiums?
Adult seatbelt violations and your premiums
As established above, an adult seatbelt violation in California is an infraction carrying 0 DMV points.
This means it will not ordinarily disqualify you from the Good Driver Discount – the 20% reduction in premiums mandated by California Insurance Code §1861.02 for qualifying drivers. This is a meaningful protection that does not exist in many other states.
However, insurers are not prohibited from seeing the infraction on your record.
Even without a points impact, some insurers may treat a seatbelt citation as an indicator of risky behavior and adjust your base rate upward at renewal. The effect is typically modest compared to a moving violation, but it is not zero.
Child restraint violations and your premiums
The picture is more serious for child restraint violations under CVC §27360.
Unlike standard adult seatbelt infractions, these violations frequently carry a DMV point and come with base fines that – after assessments – can exceed $490. A point will also be added to your driving record. So a child restraint violation can disqualify you from the Good Driver Discount entirely, leading to a meaningful and lasting increase in your premiums.
If you are a driver who has been cited for a child restraint violation following an accident, the insurance implications are more serious and you should seek legal advice promptly.
What is the bigger risk – premiums or your claim?
In most cases, the far greater financial risk from not wearing a seatbelt is the reduction to your personal injury claim – not the effect on your premiums.
A 30% or 40% fault finding in a serious injury case can easily represent tens or hundreds of thousands of dollars in lost compensation. That dwarfs the typical premium impact of a single seatbelt infraction. This is why having experienced legal representation to fight the seatbelt defense is so important.
How Does Peerali Law Fight the Seatbelt Defense?
At Peerali Law, we are well acquainted with the seatbelt defense and we know how to challenge it.
Our approach starts with a thorough investigation of the crash itself:
- We gather evidence and build the strongest picture of what happened
- We identify witnesses to give credibility to the correct version of events
- We work with medical experts to challenge the causation arguments
- We work with accident reconstruction specialists to establish how the collision occurred
This kind of expert analysis has been central to some of our most significant results. This includes a $5.2 million settlement secured on behalf of a Los Angeles woman who suffered catastrophic injuries in a complex, disputed liability case, resolved through thorough investigation and expert analysis before trial.
We use all evidence to challenge the fault percentages insurers put forward. We push back hard against inflated assessments of your share of responsibility. And if an insurer refuses to negotiate fairly, we are prepared to take your case to court.
Peerali Law specializes in catastrophic injury cases, particularly those involving disputed liability.
Every client works directly with our attorneys – not paralegals or case managers. If you were not wearing a seatbelt when your accident happened, that does not change your right to fair compensation. It makes the right legal representation more important, not less.
How Long Do You Have to File a Claim in California?
The standard rule: 2 years (CCP §335.1)
Under California Code of Civil Procedure §335.1, you generally have two years from the date of your accident to file a personal injury claim. Miss this deadline and your claim will almost certainly be barred — regardless of how strong it is.
When the deadline is shorter: government vehicles
If a government vehicle was involved in your accident – a city bus, a police car, a public works vehicle – the timeline is dramatically tighter.
Under California Government Code §911.2, you must file an administrative claim with the relevant government agency within six months of the accident.
Failing to do so can extinguish your right to sue entirely. This is one of the most common and costly mistakes accident victims make, and it is a compelling reason to speak to an attorney as soon as possible after any accident involving a public entity.
When the deadline is longer: injured minors
If the injured person is a minor, the statute of limitations is tolled – paused – until their 18th birthday under CCP §352. This means a minor injured in a car accident has until their 20th birthday to file a personal injury claim.
The bottom line on timing
The two-year rule is the starting point, and not the whole picture.
Deadlines can be shorter or longer depending on who was involved, the age of the injured party, and when injuries became apparent. The safest course of action is always to consult an attorney promptly after an accident. Evidence degrades, witnesses become harder to locate, and certain deadlines arrive far sooner than most people expect.
Frequently Asked Questions
Can I still file a claim if I wasn’t wearing a seatbelt?
Yes.
California law does not bar you from filing a personal injury claim simply because you were not wearing a seatbelt. Under CVC §27315(i), a seatbelt violation does not establish negligence as a matter of law. You can still pursue compensation from the at-fault driver – though your award may be reduced under California’s comparative negligence rules if the defense successfully argues your injuries were made worse by your non-use.
Will my claim automatically be denied?
No.
Insurance companies cannot automatically deny a claim on the basis that you were not wearing a seatbelt. What they can do is argue that your injuries were partially your own fault, and push for a lower settlement. This is why legal representation matters. An experienced attorney can challenge the seatbelt defense and ensure any fault assigned to you is fair and supported by evidence.
What are the fines for a seatbelt violation in California?
Under CVC §27315(h), the base fine is $20 for a first offense and $50 for subsequent offenses.
Once court fees and penalty assessments are added, the total typically reaches around $160 for an adult. Child restraint violations under CVC §27360 carry higher fines – often exceeding $490 in total – and are treated more seriously by the DMV and insurers.
Does a seatbelt violation affect my insurance premiums?
For an adult violation, the effect is limited.
Because it carries 0 DMV points, it will not normally disqualify you from the Good Driver Discount mandated by California Insurance Code §1861.02. However, insurers may still use the infraction to adjust your base rate upward.
For child restraint violations, the consequences are steeper – a DMV point is often added, which can cost you the Good Driver Discount entirely.
What if my passenger wasn’t wearing a seatbelt?
California requires all passengers aged 16 and over to wear a seatbelt under CVC §27315.
If a passenger in your vehicle is injured while unbelted, the driver may have some responsibility for ensuring compliance – particularly for passengers under 16, for whom the driver is legally responsible. The passenger’s own non-use of a seatbelt may also affect any claim they bring.
These situations can be legally complex and are best discussed with an attorney.
What if my seatbelt wasn’t working, or my car predates 1968?
If your seatbelt was not functioning, the owner of the vehicle had a legal duty under §27315(f) to maintain it in working order. More importantly, the seatbelt defense requires the opposing side to prove a working seatbelt was available. If none was, that element of the defense fails.
Similarly, vehicles manufactured before the 1968 model year – when federal law first required seatbelts under the National Traffic and Motor Vehicle Safety Act of 1966 – are not required to have them. In either case, speak to an attorney about how this affects your claim.
What if a child wasn’t properly restrained?
Child restraint requirements in California are more detailed than those for adults. All children under 8 must be secured in an appropriate car seat. Children under 13 should ideally ride in the back seat. Violations carry fines exceeding $490 and often add a point to the driver’s record. If a child was injured while unrestrained, liability questions can be complex, and the seatbelt defense may be raised.
An attorney can help assess the specific circumstances of your case.
Do I need a lawyer if I wasn’t wearing a seatbelt?
Yes-
Not wearing a seatbelt makes experienced legal representation more important. The seatbelt defense gives insurance companies a powerful tool to reduce your compensation, and they will use it. An attorney can challenge the evidence they rely on, retain medical and reconstruction experts to contest causation arguments, and negotiate to keep any fault assignment fair and proportionate.
At Peerali Law, we offer a free consultation and handle cases on a no-win, no-fee basis.
Injured in a California Car Accident? Contact Peerali Law Today
Not wearing a seatbelt does not mean you have no case. It means you need the right attorney.
At Peerali Law, we specialize in catastrophic and complex injury cases – particularly those where insurance companies dispute liability or try to shift blame onto the victim. We have secured significant results for clients in situations where other firms might have walked away, including a $5.2 million settlement in a case where the defendant’s insurer initially disputed all liability.
Every client at our boutique Los Angeles firm works directly with our attorneys, one-on-one. We take on the legal burden so you can focus on your recovery.
To schedule a free consultation, call us or fill out our contact form. We proudly serve clients in Los Angeles and surrounding areas in California.