How Does Your Driving Record Affect Your Car Accident Claim?

Suppose you are involved in a car crash caused by someone else's negligence. You file for a claim, but the insurer requests your driving record. In such a case, you'd be better off if you consult a car accident lawyer to ensure your rights are not violated.

The insurer could use a past speeding ticket, a moving violation like ignoring stop signs, or a ticket for distracted driving to deny your claim or devalue your compensation payout.

Discover ways that your driving record might influence your claim filing process.

An Insurer Might Put Liability on You

Your past driving record shouldn't stop you from filing a claim after an accident. But remember that incidents on your driving record may harm your claim and prevent you from getting the settlement you deserve, especially if you know little about car accident laws.

The insurer may use the information to counter your claim and argue that you were responsible for the crash. For instance, if you were previously served with a distracted driving ticket, you might come off as a reckless driver, which can be grounds to limit your compensation.

The insurer might use your record as valid evidence to prove that you were partially liable for the accident, a strategy that can undervalue your compensation.

A car accident attorney uses their knowledge and experience to defend you during the court proceedings. They will present solid arguments to show that you were not in any way at fault for the accident and that you deserve the amount included in the claim.

An Insurer May Claim Your Injuries Were from a Different Accident

Filing a claim if you had previously been involved in another accident can quickly become a challenge. The insurer may argue that your injuries are from a pre-existing crash and use this to deny your claim for medical damages. They may also claim that the recent accident only intensified pre-existing injuries and use this defense to reduce your payment.

Things get easier with an experienced car accident lawyer who can help you gather solid proof to show that your injuries resulted from this recent crash. Also, if you already had pre-existing injuries, the attorney can help you prove that the accident actually worsened things, especially if you were on the road to full recovery. Your lawyer can prove this by:

  • Taking clear photos of your current injuries
  • Collecting detailed medical records from past injuries

Remember that your driving record may also help your claim. If you have a clean record, your lawyer could use your reputation to prove that you are a careful driver. This can be solid proof to show that you were not at fault for the accident.

Contact a law firm like Aldridge Teasdale PLLC for more information.