Georgia Legal Guide: Can Not Wearing a Seat Belt Reduce Your Injury Settlement?
Does a seat belt violation affect insurance coverage or rates in Georgia?
No. O.C.G.A. § 40-8-76.1(f) prohibits insurers from canceling coverage or increasing rates because of a seat belt violation. However, insurers may still argue that seat belt nonuse contributed to the severity of the injuries in an attempt to reduce damages.
Can I still sue if I was not wearing a seat belt?
Yes. Under amended O.C.G.A. § 40-8-76.1(d) (2025), seat belt nonuse may affect the value of the claim, but it does not prevent an injured driver from filing suit.
Does not wearing a seat belt automatically make me at fault?
No. The at-fault driver may be legally responsible for causing the collision. Under O.C.G.A. § 51-12-33, seat belt nonuse may reduce damages only to the extent it contributed to the severity of the injuries.
Can passengers recover compensation if they were not buckled up?
Yes. Passengers may still pursue compensation through the at-fault driver’s liability coverage, MedPay, and UM/UIM under O.C.G.A. § 33-7-11.
How long do I have to file a seat belt-related injury claim in Georgia?
Generally, personal injury and wrongful death claims must be filed within two years under O.C.G.A. § 9-3-33. Property damage claims have a longer deadline.
Does it matter that I was unbuckled in the back seat?
For citation purposes, O.C.G.A § 40-8-76.1 applies to front-seat occupants. However, under amended subsection (d)(1), seat belt nonuse evidence involving any occupant may be used in a civil case.
