If my seatbelt was not buckled when the driver of the car I was riding in caused an accident, can I still sue?

Cherie Hoch Fine: Yes. Even if you weren’t wearing your seatbelt, if the other person who is driving the car you were in was responsible for your injuries, you could bring a claim against them. It’s possible that they could defend and say that you were hurt more because of the fact you weren’t wearing a seatbelt, but that’s really their requirement to prove. If you weren’t hurt more just because you were wearing a seatbelt, that doesn’t even mitigate your damages.