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Ok, let’s suppose a parent is driving his children to school, and is hit by a drunk driver. The parent was wearing his seatbelt, but while he wasn’t looking, his child removed his. The child is then ejected from the car and killed in the accident. Should the insurance company deny the claim?
That's a good question, actually. I don't have kids, so I have no idea how the policy reads for children passengers. I think most car seats have child-proof buckles, but once they're old enough to ride normally, there's no way to provide proof that the adult buckled them in beforehand. I thought kids in the car were under their parent's medical policy, not car insurance?
Interesting aspect of the law: I know in many states the driver is at fault if the passenger is found to not be wearing a belt. Sometime ago in FL, (and still currently in GA) when you could be pulled over for your passenger not wearing a seatbelt just as well as you could for not wearing it, I wouldn't even start the car if someone riding to lunch with me refused to put it on. I didn't want a ticket!
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