Does Driving History Affect Car Accident Injury Claims?

The moment after a car accident is not only often traumatizing but may also come with financial burdens. From medical bills, lost wages, and loss of companionship to impairment and disfigurement, the financial and emotional toll can be enormous.

Fortunately, you may be eligible for compensation for your losses due to the accident. But the amount of your settlement depends on your ability to prove fault and negligence. Your past driving history, for instance, can be a determining factor in your potential to receive compensation following an automobile accident.

This blog explains how your past driving history can affect a car accident injury claim and what you can do to maximize compensation.

The Insurer Can Use Driving Records to Determine the Fault

When evaluating a claim, an insurance company will first assess if you are at fault for the accident. In many cases, both drivers can be found partially at fault. So, your driving record may serve as evidence in ascribing percentages of fault to each driver involved.

Suppose you have had numerous traffic violations or multiple accidents on your record. In that case, the insurance company may use this information to argue that you are a reckless driver and are most likely the at-fault party.

Also, even if you are not responsible for what led to the accident, the insurer may use your driving history to claim you were partly to blame. Such arguments can either result in denied claims or reduce the amount you can receive as compensation.

The Insurer Can Use Driving Records to Determine Pre-Existing Injuries

Among the damages covered following a car accident are medical bills, lost wages, and pain and suffering. As such, the insurance adjuster considers the severity of your injuries to determine the value of your settlement.

The adjuster may use your driving records to question the extent of your current injury. For example, suppose you have had a previous accident involving back or head injuries. In that case, the adjuster can argue that the lingering pain is from a previous accident, not the current one. Or, the adjuster may claim that the pre-existing injuries compromise the healing process and that the current accident only worsened them.

The secret to winning a car accident injury claim is to provide evidence that the current crash is solely responsible for your injuries. You can do so with detailed medical records indicating your health before and after the accident.

You can also present the medical reports from past accidents, each indicating the expected recovery timeline. This tip helps to prove that you had already recovered from the previous injuries before the recent accident.

You Can Use the Driving Records to Your Advantage

Sometimes, your driving history can be used to your advantage when filing a car accident injury claim. For example, suppose your records show a clean driving history with no past traffic violations or accidents. In that case, you can use the records to argue that you have always been a safe and responsible driver, which can help prove your credibility in proving fault.

Also, if the other driver's driving record is full of traffic violations and other infractions, that can help build your case against them as the negligent driver.

It is normal to get anxious when the insurer asks for your driving records during claim assessment. But you have nothing to panic about since you can use your driving history to strengthen your claim and receive adequate compensation for the accident.

Consult a reliable attorney with experience in car accident cases to help you build a strong case regardless of your driving background.

Smith Morgan LLP is your trusted law firm for personal injury claims. Our experienced attorneys will aggressively fight to ensure you receive the compensation you deserve after an accident. Contact us for a consultation.