You crashed in a state with a mandatory helmet law. You weren’t wearing one. You suffered a traumatic brain injury (TBI). You file for medical payments and uninsured motorist coverage. The insurer argues “Contributory Negligence” and offers to pay only 50% of the claim.
Key Takeaways
- Contributory Negligence: If your actions contributed to the severity of the injury, the insurer can reduce the payout.
- Illegal Acts: If the law says “Must wear helmet,” and you didn’t, you were operating illegally.
- Medical Payments: Often paid regardless of fault, but limits are low.
- Settlement Value: If you sue the person who hit you, their lawyer will use your lack of a helmet to destroy your case.
The “Why” (The Trap): Duty to Mitigate
Insurance contracts require you to take reasonable care.
The Argument: “If he had worn a helmet, the $100,000 brain injury would have been a $500 headache. We are not paying for the $99,500 difference.”
In 2026, AI claims analysis can predict exactly how much damage a helmet would have prevented.
The Investigation: Legal Precedent
I spoke to a personal injury lawyer specializing in powersports.
- The Reality: “In states like California or Utah, not wearing a helmet significantly devalues the case. Insurance adjusters know this and lowball the offer immediately.”
- The Policy: Some specific accident policies explicitly exclude coverage if safety gear is not worn. Read the fine print.
Comparison Table: The Cost of Cool
| Scenario | Medical Bill | Insurance Offer (Est.) |
| Wearing Helmet | $5,000 (Concussion) | $5,000 (100%) |
| No Helmet | $100,000 (TBI) | $50,000 or Denied |
[IMAGE: Split screen: One side showing a cracked helmet, other side showing a hospital bill]
Step-by-Step Action Plan
- Wear the Helmet: Obvious, but financial suicide not to.
- Check “Safety Apparel” Coverage: Most policies pay up to $1,000 to replace a crashed helmet. Use it!
- Don’t Post “No Helmet” Pics: If you are claiming injury, don’t have a Facebook profile full of you riding without a lid. Adjusters watch your social media.
FAQ
Does this apply to seatbelts in UTVs?
Yes. If you weren’t wearing the belt and got ejected, expect a fight on the medical bills.
What if I was just moving it in the driveway?
Context matters, but injuries don’t care about distance. Insurance covers the driveway, but negligence arguments still apply.