Can a Bad Driving Record Affect Your Injury Claim? Key Considerations for Accident Victims
If you’ve been involved in a car accident and are considering filing an injury claim, you might wonder if your driving record could impact your case. While it’s understandable to be concerned about a history of traffic violations or previous accidents, it’s important to know that a bad driving record doesn’t prevent you from seeking compensation. Here’s what you need to understand about the role your driving history may play in injury claims.
You Can File a Claim Regardless of Your Driving Record:
Your past driving record does not stop you from filing a claim if you’ve sustained injuries in an accident. However, it’s common for insurance companies to scrutinize your driving history, especially if it includes prior accidents or violations. While your record shouldn’t hinder your ability to claim compensation, it may influence how the insurance company evaluates your case and the amount they are willing to offer.
How Insurance Companies Use Driving Records Against You:
Insurance companies often use your driving history to challenge your claim. They might argue that your previous violations indicate a pattern of negligent behavior, suggesting that you are more likely to be at fault. By leveraging state-specific negligence laws, insurers may attempt to portray your past driving record as a sign of general carelessness, which could result in a reduced settlement or even denial of your claim.
Pre-Existing Injuries and the “Eggshell Skull” Doctrine
If you have a history of injuries from previous accidents, insurance companies might argue that your current injuries were pre-existing and not caused by the recent incident. They could claim that any physical issues you’re experiencing were already there, attempting to limit their liability. This is where having an experienced attorney can be crucial. Under the “eggshell skull” doctrine, insurers must accept you as they find you, meaning they are responsible for the full extent of your injuries, even if you had pre-existing conditions. Your attorney can effectively demonstrate how the recent accident exacerbated your existing injuries, ensuring you receive the compensation you deserve.
When a Driving Record Can Strengthen Your Case:
A clean driving record can work in your favor if it is presented in court. It serves as evidence of your history as a responsible driver, countering any claims of habitual negligence. On the other hand, if the at-fault driver has a history of reckless behavior, your attorney can leverage this information to bolster your case, highlighting the other driver’s pattern of negligence.
Get Help from Legal Chiefs:
Navigating the complexities of car accident claims can be challenging, especially if you have concerns about your driving record. At Legal Chiefs, we understand the intricacies of personal injury law and can connect you with experienced attorneys who can help you navigate your case effectively. Whether you need guidance on how to present your driving record or assistance in countering insurance company tactics, we are here to help you pursue the compensation you deserve.
If you’re ready to take the next step, reach out to Legal Chiefs today to find the right auto accident injury attorney for your situation.
Auto Accident FAQ
Your first and foremost action following an accident is to stay calm, check if you or anyone else involved has been injured, and call the police. Get the name and contact information of all parties involved in the accident as well as any witnesses of the event. To document the damage, take pictures of the accident scene, the vehicles, and your injuries. It’s important not to admit liability until you hire an attorney because they will conduct a thorough investigation to establish the driver at fault.
Right after a car accident, you may feel fine, but injuries can surface days, weeks, and even months later. That’s why it’s good to see a doctor even if you don’t believe you were injured in the accident. Your doctor can recognize issues or injuries that won’t immediately become apparent to you and alert you to warning signs of injuries that may arise due to the accident. If you fail to treat your injuries within a certain period of time, you may forfeit your right to get reimbursement for future medical costs. The general rule is not to settle auto accident claims without having been examined by a medical professional.
In most cases, you won’t have to go to court. The majority of auto accident claims are resolved outside of court after negotiating the terms with the insurer. Most insurance companies generally try to settle claims as quickly as possible and for as little money as possible, so it’s wise to have an attorney negotiate on your behalf.
In addition to taking pictures of the accident scene and taking the contact information of the involved parties and witnesses, your detailed explanation of how the accident happened is also necessary to file a claim. Law enforcement reports of the accident will also serve as crucial evidence in your claim.
Many factors determine the driver at fault in an auto accident case. Do not accept any part of the blame until the investigation has concluded. Even if the investigation finds that you are partially at fault, you may still be entitled to receive compensation.
There are cases when the victim also shares part of the blame for an accident. If, for example, you were driving five to ten mph over the speed limit when the accident happened, this would have limited your reaction time, and you could likely be considered a negligent driver even if you weren’t the one to cause the crash. Different states have different ways of settling auto accident claims where more than one driver is at fault. So it’s best to check the specific laws in your state (or the state where the accident took place) or discuss the matter with your auto accident injury lawyer.
It happens surprisingly often that people get into an auto accident where the driver at fault doesn’t have insurance. In these situations, it’s wise to have an auto insurance policy that comes with Uninsured Motorist (UM) coverage. That way, if you get into an accident and the at-fault driver doesn’t have insurance, you will still be able to file your claim under the UM coverage you have with your own insurance company. Your insurer will then process the claim following the same process as it would for an opposing insurer. The only difference is that the claim will be against your UM coverage and not against another driver.
Likewise, if you were involved in a hit-and-run accident where the responsible driver fled the scene before you could take their information, you can again seek compensation from your UM coverage.
Suppose you suffered injuries after an auto accident that was caused by another driver’s negligence. In that case, there are two main types of damages that you may seek compensation for: compensatory (a.k.a. monetary) and punitive damages.
Compensatory damages are the most common type of damages in a personal injury claim, and they often include:
● Current and future medical bills
● Property damage
● Emotional duress
● Lost wages
● Loss of enjoyment of life
● Loss of future earnings potential
On the other hand, punitive damages are much rarer, but they can occur in situations where the vehicle manufacturer is to blame.
