Unbelted in a Crash? Your Claim Could Suffer

Even with exemptions under Hong Kong's new public transport seatbelt law, unbelted passengers still face serious insurance claim complications in accidents...Doesn't matter if it is a private vehicle you are riding or on bus, be sure to buckle up!

New Seatbelt Requirements (Effective Jan 25, 2026)

From January 25, 2026, all seated passengers must wear seatbelts where fitted on:

  • Franchised/private buses (upper/lower decks)

  • Public light buses, school buses, cross-border coaches

  • Rear seats in private light buses/goods vehicles; all seats in special purpose vehicles

New vehicles require full seatbelt installation; student services get until Dec 31, 2028 for retrofits. Drivers face restrictions on multiple mobile devices.

How the New Law Ties In

The Road Traffic (Safety Equipment) Regulations now mandate seatbelts on franchised buses, minibuses, and similar vehicles where fitted—yet medical exemptions (via doctor’s certificate) allow some to skip them. See more from their newsletter here. Chief Executive John Lee emphasized compliance saves lives, but insurers view non-use as contributory negligence, potentially slashing claim payouts by 20-50% in crashes.

Recent data shows bus accidents injure 54 per million boardings; unbelted riders face higher severity, triggering claim scrutiny under the law’s safety-first ethos.

Real Claim Complications

  • Reduced payouts: Even exempt, no belt often means partial denial for medical/rehab costs if deemed avoidable.

  • Proof burden: Carriers demand exemption certificates; without them, claims stall amid law enforcement.

  • Family impact: Minors/seniors under exemptions still risk gaps if policies exclude “preventable” incidents.

Enforcement and Penalties

Maximum HK$5,000 fine/3 months jail for passengers; drivers get HK$2,000 fines for under-15s not belted. Initial education focus with Transport Department patrols at termini.

Chief Executive stresses belts cut death/serious injury by 40-70%; aligns HK with global standards.

Exemptions Don’t Eliminate Insurance Risks

Medical exemptions require doctor’s certificate and Transport Department approval—yet insurers treat non-use as contributory negligence:

  • Payout reductions: 20-50% cuts for medical/rehab if injuries deemed preventable

  • Proof burden: Must carry exemption certificate; claims stall without it

  • Family gaps: Minors/seniors under exemptions risk policy exclusions

ScenarioBelt RiskInsurance Impact
Bus crashEjection/injuries30-70% payout reduction 
Rear collisionWhiplashDenial without exemption proof
Side impactFracturesPost-claim premium hikes

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