Will Your Driving History Affect Your Injury Claim?

Car accidents are physically and financially draining. From dealing with injuries to the financial burden of medical bills and lost wages, those injured in car accidents may face considerable distress.

Fortunately, depending on how the accident occurred and who was at fault, you may be eligible for financial compensation to help you get back on your feet. But you must be prepared to prove your case and that you suffered an injury due to another person's negligence.

Things may get complicated if the insurer asks for your driving records. How can the records impact your claim? Here is everything to know.

The Insurer May Use a Negative Record to Put the Blame on You

Insurance companies are not your allies. The insurer's main objective is to protect their bottom line and they will use any viable argument to deny or reduce your compensation.

If your driving records show past tickets for speeding, driving under the influence, or failing to observe any traffic law, the insurer will use that to their advantage. The insurance company will claim that you are a careless driver and must have been liable for the recent accident. Or, the insurer may argue that you were partly to blame.

Consequently, you may get lower or no compensation unless you present solid proof that you did not contribute to the crash.

The Insurer May Claim Your Injuries Are Pre-Existing

Among the payable damages after a car accident is compensation for the pain and suffering caused by the injuries. However, if your records show that you were previously involved in accidents and received treatments for similar injuries, the insurance company can argue that your current injuries are pre-existing.

The trick to getting out of such arguments is presenting comprehensive medical records. Present past records showing the treatments you received for the previous accidents and established timeline of your healing process.

Also, present records from the recent crash, including doctor's notes and images of the injury. Ask your doctor to give a detailed report on the type of injury and offer scans and other tests to support the claim.

You May Use the Records to Win the Case

Sometimes, the driving records may be in your favor. For example, if you have a spotless driving record with no history of accidents or traffic violations, you can use that to show that you are a cautious driver.

Also, if the other driver has a poor driving record with previous accidents and traffic offenses, the court may view them as more likely to cause an accident. Consequently, the insurer will be more willing to offer you a fair settlement.

You may panic when the other party's insurer requests your driving record. However, if you have a clean record free of traffic offenses and no history of accidents, your records may help strengthen your case.

Also, even if your driving records are not clean, that does not mean you are not eligible for compensation. Consult a reliable personal injury attorney for guidance and help building a strong case to get the compensation you deserve.

Your lawyer will evaluate your case, review your driving records, and create a solid argument to get you the maximum compensation possible. Additionally, the attorney will help you gather evidence to prove your case and protect you from any attempts by the insurer to deny or reduce your claim.

Walsh and Associates is your trusted personal injury law firm. We have 30 years of experience representing accident victims and helping them get the compensation they deserve. You can trust that we will guide you through every step of the process and ensure you get the best possible outcome for your case. Contact us for a consultation.