I Wasn't Wearing a Seatbelt

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burntastway93
Posts: 1
Joined: Tue May 31, 2016 11:18 am

Wed Nov 02, 2016 11:44 am

Hey. I was a passenger in a car t-boned on Glenwood Avenue a few weeks ago and was taken by ambulance to WakeMed ER. I got my records from the ambulance and the hospital to provide to the insurance company but Im concerned about something in my records. I was not wearing a seatbelt at the time and this is noted in 2 different places in my ambulance records. One place it says "unrestrained passenger" and in another, it says "patient not wearing seatbelt at time of impact." Will the insurance company have a problem with this? I'm worried they won't reimburse my ER bills because of this.

Thank you for your help,
Tim

Richard Dingus
Posts: 66
Joined: Mon Feb 22, 2016 10:48 am

Thu Nov 03, 2016 7:21 am

Tim,

Fantastic question, and thanks for the post.

In North Carolina you can be issued a fine for not wearing a seat belt in a motor vehicle per NC General Statute § 20-135.2A. However, subsection (d) of the statute is clear that failure to wear your seat belt cannot be used against you in any civil case. Therefore, the insurance company cannot deny your claim for not wearing your seat belt, nor should it affect them covering those reasonable and necessary medical expenses associated with the injuries sustained in the accident.

Thanks again for the post, and good luck!
Richard Dingus
Attorney and Counselor at Law

• Durham • Raleigh • Greensboro

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