Many classic cars are undoubtedly cool and an expensive hobby for their owners. While classic car owners take extreme care to drive safely and protect their babies, accidents still happen. When one does, they often wonder if the lack of modern safety features will play a role in an insurance claim or lawsuit. Like most legal questions, the answer is that it depends.
Many classic cars lack modern life-saving features, like airbags and crumble zones, but that does not mean they are illegal to drive. Nor does it make an owner of one automatically liable for an accident or the injuries involved. The fact that most classic cars were manufactured before modern safety features were required does not erase a careless driver’s negligence. The lack of these features would not be an issue without the other driver acting negligently and causing the accident.
Can I Be Held at Fault for an Accident if My Classic Car Lacks Modern Safety Features?
Not having certain safety features will undoubtedly make a classic car more unsafe, but many states make exceptions, allowing owners to take their rides on the street legally. Some states might require owners to install seatbelts and rearview mirrors at a minimum. Other states, like Texas, might allow a classic car to lack even those features if it was manufactured without them, as long as you have your vehicle inspected annually and have classic car license plates.
Comparative Fault
Still, that likely will not stop an insurance company from using these missing features to reduce accident victims’ compensation. After a collision, it is a good idea to work with a car accident lawyer in Arlington to ensure that you do not lose money unfairly. Nearly every state has some form of what is known as a “comparative fault” rule, allowing insurance companies to lower the amount of compensation a crash victim receives depending on their degree of negligence.
Texas refers to its rule as “proportional responsibility.” Under this principle, individuals cannot recover damages from an accident if their percentage of fault is more than 50%. If the plaintiff is found less than 50% responsible for the collision, they can recover damages minus the percentage of responsibility they were determined to share. While driving a classic car does not necessarily make you liable, the insurance company will investigate the vehicle to see if it contributed to your injuries.
An Example of Proportional Responsibility
Perhaps your classic car lacked seatbelts when it should have had them, and you skipped the annual inspection. This would open the door for an insurance company to argue that your injuries would not have been as bad had you installed the safety feature and would have been compelled to do so had you submitted to state inspections. If, after reviewing the evidence, they determined that this contributed to your injuries by 40%, they will lower your settlement amount by that proportion.
Having experienced attorneys on your side is the best way to fight these claims. They can gather inspection records, vehicle specifications, and other evidence to show that you were not violating the law. Your legal team will also get evidence, like accident reports, witness statements, and expert analyses, to show that the other driver is responsible for your damages regardless of your classic car’s lack of modern safety features.
How Can I Make My Classic Car Safer?
Again, a classic car without safety features that it was not manufactured with should not be a contributing factor in your legal claim. That said, there a several modifications you can make to your classic vehicle that will make it safer and close off any arguments that you contributed to your damages, such as adding seatbelts, anti-lock brakes, and modern headlights.
Add Seatbelts
Adding seatbelts is one of the most important modifications you can do to make your classic car safer. Cars were not required to have seatbelts until 1968, so your car likely will not have them if it was manufactured before then. If so, lacking seatbelts should not be used against you in a legal claim, but installing them could save your life.
Install New Headlights
Many classic cars have sealed-beam headlights installed, which lack the brightness of modern LED and halogen lights. Replacing older lights with these modern designs will greatly improve visibility, thereby reducing your chances of getting in an accident.
Install Anti-Lock Brakes
Anti-lock brakes were introduced in 1978 but did not become a common feature until later, so your classic car might not have them. An anti-lock braking system stops your wheels from locking up in a crash, allowing you to maintain greater control of your car.
Upgrade the Steering
Older classic cars will likely lack a power steering system, reducing a driver’s ability to turn their vehicle quickly and avoid an accident. Installing a power steering system will make your classic car much easier to handle.
Add a Dashcam
Adding a dashcam or rearview camera can capture a negligent driver’s actions and be used as evidence against them in your claim. The footage can also help show how lacking a modern safety feature did not play a significant role in how the crash occurred.
Driving a Classic Car Should Not Be Used to Deny Your Compensation
Insurance companies will do almost anything to save their bottom line, but driving a classic car should not be one of them to deny the compensation you are owed. Be sure to have yours inspected annually to ensure your vehicle complies with the law and any changes that might be made from year to year. If you can, upgrade your classic car with the modern safety features mentioned above to further protect yourself from injuries and possibly being held partially at fault for your damages.
