Can Your Driving History Affect Your Personal Injury Claim After an Accident?

You cannot take things back to exactly how they were before a car accident. Luckily, you are eligible to file a claim and get compensation for the damages caused. To do this, you must prove that the accident resulted from the other driver’s negligence.

However, things may get a bit complex if the insurer asks for your driving records. Perhaps you have a past ticket for driving violations and are worried if those records will affect your case. Discover more about how your records can affect your injury claim.

The Insurer Will Hold You Liable for the Accident

If you sustain injuries due to another driver’s negligence, you are eligible to file a claim and get compensation, regardless of your driving history. However, your record may build or break your claim.

Negative records may lower your compensation amount, especially if you have little knowledge about personal injury law.

The insurer is not your ally. They look into any possible information that could help them counter your claim. And in such a case, they can use a past speeding ticket to claim that you are a careless driver and you must have been responsible for the recent accident.

At the same time, if they have no grounds to blame you for the accident, the insurer will argue that you were partly responsible for the crash and use the information to devalue your compensation.

It would be best to hire a reliable personal injury lawyer to prove you were not at fault for the crash. The attorney knows the ins and outs of personal injury law, so you can trust them to defend your claim through solid evidence and arguments.

The Insurer Will Argue that Your Injuries Are a Past Crash

If you have suffered injuries from a car accident in the past, the insurer could use the records against your current claim. The insurance provider may insist that your injuries are from a previous crash and use the information to deny your medical bills settlement claim.

Luckily, a personal injury lawyer can help you collect substantial evidence to show that you were perfectly fine before the recent accident. And if you had some pre-existing injuries, the lawyer will help you prove that the crash aggravated the pain.

First, the attorney will collect medical records from your doctor and ensure they have detailed facts about your condition. The records should indicate:

  • Your medical history and your situation after the accident
  • All the medical tests done after the accident and their costs
  • How the injuries will impact your daily life
  • How long it will take you to get back on your feet

Your Driving Records May Help Your Case

A clean driving record can help you build a strong claim. Your attorney will use your history to counter the insurer’s claims that you are a negligent driver and show that you were not at fault for the accident.

Similarly, the lawyer can use the other driver’s records to prove they were at fault. For instance, if their records have a pattern of moving violations and speeding, your lawyer may use that information to strengthen your case. And the insurer will have no choice but listen.

When you get into a car crash, you have numerous questions about your rights to hold the negligent driver liable for the accident. The process can be complex, especially as you try to prove they were at fault. Things get more manageable with our lawyers’ experience and expertise in personal injury. If you are concerned about your driving records and how they will impact your injury claim, contact us at The Jaklitsch Law Group and we can advise you on your options and rights.


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