The Bottom Line: Yes, You Still Have Options
Forgetting to buckle up doesn’t erase your right to compensation in Colorado, but it does make your case a little more complicated and a lot more important to handle strategically.
This guide breaks down what happens if you weren’t wearing a seatbelt, how the law works in Colorado, and how to protect every dollar you deserve.
Understanding How Colorado’s Seatbelt Law Affects Car Accident Settlements
What the Law Actually Says
Colorado law (C.R.S. § 42-4-237) requires front-seat adult occupants and all children to wear seatbelts or appropriate restraints. But here’s what most people don’t realize: Colorado’s seatbelt law is secondarily enforced, meaning officers can’t stop you just for not wearing one.
The real consequences show up after an accident, when insurance companies try to use your seatbelt choice against you.
The Seatbelt Defense: Small Clause, Big Consequences
Under the state’s “seatbelt defense,” insurers can argue that your injuries were worse because you weren’t buckled in. If they succeed, your non-economic damages, things like pain, suffering, and emotional distress, can be reduced by up to 25%.
That’s it. You don’t lose your right to file a claim, and you don’t automatically become “at fault” for the crash. The seatbelt defense is about mitigating damages, not assigning blame.
Think of it this way: if someone rear-ends your car at a red light, they’re still responsible for the crash. But the defense might argue your whiplash was worse because you weren’t wearing a seatbelt.
Colorado’s Modified Comparative Negligence Rule
Colorado follows a modified comparative negligence system (C.R.S. § 13-21-111). In plain English:
- You can recover compensation as long as you are less than 50% at fault for the accident.
- Your damages are reduced by your percentage of fault.
Not wearing a seatbelt doesn’t count as “fault” for the crash itself. It may only affect how much you receive for injuries, not your right to pursue a claim at all.
Example:
If your damages total $100,000 but a jury finds you 20% responsible for worsening your injuries by not wearing a seatbelt, you’d still collect $80,000.
In other words: you can still win, but the defense will fight to trim your recovery. Your job, and your lawyer’s, is to keep that number as close to zero as possible.
How Insurance Companies Use the Seatbelt Defense
Here’s where insurance companies get creative. They know juries and adjusters respond emotionally to the idea of personal responsibility. So they’ll do everything they can to make your seatbelt choice the center of the story rather than the other driver’s negligence.
Their Playbook
- Overstating the Role of the Seatbelt – they claim your injuries “wouldn’t have happened” if you’d been buckled, often without real biomechanical evidence.
- Hiring One-Sided Experts – they bring in accident reconstructionists who minimize impact forces or blame you for injuries that were unavoidable.
- Psychological Framing – adjusters subtly shift the narrative to make you feel guilty, hoping you’ll settle fast or low.
What Victims Commonly Get Wrong
Too often, people:
- Admit fault casually during insurance calls.
- Accept a low settlement, thinking nonuse of a seatbelt kills their claim.
- Delay hiring an attorney, losing valuable leverage and evidence.
The truth: these cases are won and lost not on what happened, but on how they’re argued.
How to Pursue Maximum Compensation
You can’t undo what happened, but you can control what happens next. The difference between a reduced claim and a fair one often comes down to three things: evidence, expertise, and advocacy.
Build a Rock-Solid Evidence File
- Collect physical proof: crash photos, police reports, witness statements.
- Document medical care: early records help establish injury timelines and severity.
- Bring in experts: an accident reconstructionist can show your injuries were caused by the crash itself, not your belt choice.
Use Expert Testimony Strategically
Medical and biomechanical experts can counter insurer claims by proving:
- The type of collision made seatbelt use less relevant (like T-bone or side impacts).
- Your injuries would have occurred regardless due to the violent nature of the crash.
These expert opinions often make or break “seatbelt defense” arguments in court.
Partner With a Skilled Colorado Car Accident Lawyer
At Flesch Law Denver Injury Accident Lawyers, we’ve spent decades fighting insurers who misuse the seatbelt defense. Our attorneys know how to dismantle weak expert claims and refocus juries on what matters most, the other driver’s negligence.
We’ve seen it all: rear-end collisions, rollovers, T-bone crashes. In every case, our goal is to maximize your compensation and protect your dignity in the process.
Frequently Asked Questions
Can I still file a claim if I wasn’t wearing a seatbelt?
Yes. You can still file, and you may still receive substantial compensation. The seatbelt issue only affects damages, not fault.
Can insurance deny my claim entirely?
No. By law, they can’t deny coverage solely based on seatbelt nonuse. They can only argue to reduce non-economic damages.
What if I was a passenger?
Passengers have the same rights as drivers. The seatbelt defense can apply, but it doesn’t bar recovery.
What if the other driver was uninsured?
You can pursue benefits through your uninsured/underinsured motorist coverage (UM/UIM) under your own policy.
Protecting Your Rights After a Crash
Seatbelts save lives. But not wearing one doesn’t make you the villain of your own accident story. Colorado law is nuanced and balances personal responsibility with fairness.
If you’ve been injured in a car accident, seatbelt or not, don’t let an insurance company decide your worth. Your recovery matters. With the right legal strategy, you can still recover the compensation you need to move forward. Call 303-218-9394 today to set up a free consultation with the experienced car accident lawyers at Flesch Law.