Short answer: In some states, not wearing a seat belt can reduce what you recover after a crash, even if the other driver caused it. Caps differ: 1% in Missouri, 5% in Michigan, Oregon and Nebraska, 15% in Wisconsin and 25% in Iowa. Florida allows it as evidence of comparative negligence with no cap in the statute, Ohio limits it to noneconomic damages, and Washington bars it as evidence of negligence. Rules differ by state, so it's one more reason to buckle up every trip.
These rules affect injury claims and lawsuits. Your own medical payments or PIP coverage follows your policy terms.
The table
| State | Rule | Limit or exception | Source |
|---|---|---|---|
| Florida | Not wearing a seat belt isn't negligence per se and can't be used to mitigate damages, but it may be considered as evidence of comparative negligence | No percentage cap in the statute | Fla. Stat. §316.614(10) |
| Iowa | Not wearing a belt may be admitted only to mitigate damages, after substantial evidence that it contributed to the injuries claimed | The reduction can't exceed 25% of the damages awarded after reductions for comparative fault | Iowa Code §321.445(4) |
| Kentucky | Not wearing a seat belt isn't negligence per se | Failure to use a child restraint or booster seat can't be used as contributory negligence or admitted as evidence in a civil trial | KRS 189.125(5) |
| Michigan | Failure to wear a seat belt may be considered evidence of negligence and may reduce recovery | The reduction can't be more than 5% | MCL 257.710e(8) |
| Missouri | Not evidence of comparative negligence; may be admitted to mitigate damages only after expert evidence that it contributed to the injuries | The reduction can't exceed 1% of the damages awarded after reductions for comparative negligence | RSMo §307.178(4) |
| Nebraska | Not admissible on liability or proximate cause, but may be admitted on mitigation of damages | Can't reduce recovery by more than 5% | Neb. Rev. Stat. §60-6,273 |
| Ohio | Can't be used as evidence of negligence or contributory negligence; the jury may find nonuse contributed to the harm | Only the noneconomic-loss part of compensatory damages can be reduced; the statute sets no percentage cap | Ohio Rev. Code §4513.263(F) |
| Oregon | Evidence of not wearing a seat belt may be admitted only to mitigate the injured person's damages | Mitigation can't exceed 5%. Doesn't apply to product liability cases or when nonuse substantially caused the crash itself | ORS 31.760 |
| Utah | Not wearing a seat belt (or not using a child restraint) isn't contributory or comparative negligence | It can't be introduced as evidence in civil cases on negligence, injuries or mitigation of damages | Utah Code §41-6a-1806 |
| Washington | Not wearing a seat belt isn't negligence and isn't admissible as evidence of negligence in any civil action | No reduction rule in the statute | RCW 46.61.688(6) |
| Wisconsin | Evidence of compliance or noncompliance is admissible in civil injury and property damage actions | For injuries caused by not buckling up, the reduction can't exceed 15%; doesn't affect the determination of causal negligence | Wis. Stat. §347.48(2m)(g) |
We list only states where we read the official text ourselves in October 2026. A state that is missing is not covered here; check that state's statute or insurance department.
What this means for drivers and passengers
- Buckle up and buckle kids in the right seat. Beyond safety, it can protect the value of an injury claim.
- Tell your insurer the facts after a crash, including whether everyone was belted.
- Consider medical payments or PIP coverage, which pays your own injury costs regardless of fault, subject to your policy.
See PIP and no-fault states and the state insurance rules hub.
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Methodology
Each row was read from the official source linked in the Source column in October 2026. This is general information, not legal advice. See also the state insurance rules hub.
Frequently asked questions
Can not wearing a seat belt reduce my injury claim?
In some states, yes. In the states we checked, caps range from 1% (Missouri) to 25% (Iowa), Florida lets it be considered as comparative negligence, and Washington doesn't allow it as evidence of negligence.
Is seat belt nonuse negligence per se in Florida?
No. Fla. Stat. §316.614(10) says it isn't negligence per se, but it may be evidence of comparative negligence.
Does this apply to product liability cases in Oregon?
No. ORS 31.760 excludes product liability actions.
Alishahi Insurance · 439 N Canon Dr, Penthouse, Beverly Hills, CA 90210 · (877) 711-4545 · CA License #4348151. General information only. Not legal, tax or financial advice, and not a coverage determination. Coverage depends on policy language and underwriting, and rules vary by state.