Does Your Driving Record Impact Your Injury Claim?
Car accidents can be traumatic and may quickly take a toll on your physical, mental, and financial well-being. Luckily, while you cannot reverse things to their pre-accident state, you can seek compensation to help you take care of the financial aspects of the accident. But what happens if the insurer asks for your driving records? Discover how your driving history can impact your personal injury claim.
The Insurer May Claim You Are the At-Fault Driver
The insurer may use your driving records to judge your driving habits and even implicate you as the at-fault driver in the accident. For example, suppose you have a record of traffic violations such as speeding, tailgating, or running stop signs. In this case, the insurer could argue that since you had a history of risky driving behavior leading up to the accident, these habits likely caused the present crash.
In the same way, if the insurer does not have any grounds to blame you for the accident, the insurer may still use the records to claim that you were partly responsible for the crash. Things get worse when you are not knowledgeable about the applicable state law, which could lead to an unfavorable outcome for you. The insurer uses such an argument to try to lower the amount they have to pay out in damages.
The Insurer May Claim the Injuries Are From the Past
If you were previously involved in a car accident that left you with injuries, the insurer might use that against you. For example, the insurance company may argue that the injuries you claim to have sustained in the present accident were already pre-existing and use that to either deny or lower your settlement amount.
The easiest way to save yourself from such is to have comprehensive medical reports from the physician who treated your injuries from previous and current accidents. The report will entail your medical history and condition after the accident. The detailed medical report should also include all tests and scans you underwent to confirm that the injuries were indeed sustained in the present accident.
You can use these records to show how much the injuries have impacted you and how much compensation would be necessary to cover the expenses.
The Records May Positively Impact Your Claim
Not all is lost when the insurer asks for your driving records. Sometimes, these records may work in your favor and improve your case. For example, if you have an impeccable driving record with no recent traffic violations, you can use that to back up your claim that you were not the at-fault driver in the crash.
You may also use the other driver’s driving records to strengthen your case. For instance, if the other driver has multiple violations, such as DUI or reckless driving, you may argue that the other driver was at fault for the accident and should cover your damages.
Whichever the case of your driving records is, a personal injury lawyer can assist you in gathering the necessary evidence to strengthen your claim. The attorney knows where and what to look for when collecting substantial evidence that will beat the insurer’s argument.
Your lawyer can also help you evaluate the strength of your case and build a strong argument against the other party or insurer on your behalf. The attorney knows which details are important to prove negligence and how to present it in court.
You can trust us at Carl L. Britt, Jr, to provide the legal representation necessary for you to have a successful outcome in your personal injury claim. We are here to support you throughout the entire process and ensure you get the rightful compensation for your damages. Contact us today for more information on how we can help.