If you were hurt in a Georgia car accident and you were not wearing a seat belt, you may have heard the old rule that insurers could not use that against you. That rule has changed. Georgia’s 2025 tort reform law SB 68 opened the door for seat belt non use to be brought up in many civil cases, meaning insurance companies now have another angle to argue that your injuries were worse than they should have been or that your damages should be reduced.
What this change means in real life
Before SB 68, Georgia’s seat belt statute was commonly cited to keep seat belt non use out of injury cases. Now, the defense may try to introduce evidence about whether an occupant was buckled and ask a jury to consider it when deciding negligence, comparative negligence, causation, and damages.
That does not mean you lose your case. It means insurers will push harder to blame your injuries on the seat belt issue instead of the careless driver who caused the crash. Your job is to protect the medical proof and the timeline so the facts stay clear.
Why this matters under Georgia’s 50 percent rule
Georgia follows a modified comparative fault rule. If you are found to be 50 percent or more responsible, you can be barred from recovering damages. Insurers know this and will try to inflate your share of the blame any way they can.
Steps to take right now to protect your claim
If you are dealing with a recent wreck, these steps help keep the focus where it belongs, on the at fault driver and the real impact on your health.
- Get medical care immediately and follow your treatment plan because gaps in treatment give insurers room to argue your injuries are not serious or not related
- Be careful with recorded statements because adjusters may ask detailed questions about seat belt use and try to lock you into wording that hurts you later
- Document everything while it’s fresh including photos of the vehicles, the scene, visible injuries, and any bruising patterns because the details matter when causation is disputed
- Do not post about the crash or your recovery because insurers look for anything to minimize pain, limit treatment, or claim you are fine
- Talk to an attorney early so evidence is preserved, medical records are framed correctly, and the case is built around liability and the full cost of recovery, not just what the insurer wants to pay
The bottom line
Even with the new SB 68 seat belt evidence rule, strong cases still win. The value of a claim comes from clear liability, consistent medical care, documented injuries, and a team that refuses to let the insurer rewrite your story.
If you have questions about how seat belt evidence could affect your Georgia car accident claim, focus on your health first and let us handle the fight. Need a home run Call the Big Gunn at 888 BIG GUNN.
