Can Your Driving Record Impact Your Auto Accident Claim?

When an individual is involved in an accident, their current situation is the only thing that matters. At no point are accident victims recanting about their past driving mistakes or mishaps in relation to the accident they have just been involved in. However, just because the victim is not concerned with these matters now does not mean that an insurance company or an attorney is not. If you have a scattered record, learn how it may or may not impact your accident claim.

Past Injury State Law 

If you sustained injuries from an auto accident in the past, research the law in your state as it pertains to pre-existing injuries. Some states allow individuals to file a claim for pre-existing injuries and some require these injuries be precluded from future claims, even if the injury was exacerbated by the recent incident.

An attorney will be versed in the law and will be able to tell you how your past injuries will be handled. It is also worth mentioning that you must tell the truth about these incidents as they will be visible on your record. 

Guilt Determination

When a car accident claim lands in front of a jury, it is not uncommon for the attorneys representing the other party to research your driving record in an effort to shift blame. For instance, consider an instance where guilt is not clear, and speed was likely a contributing factor. 

If the plaintiff in the claim has a record of speeding violations, the attorneys may try to argue that the individual may have been speeding at the time of the incident, and therefore, is partially at fault. Keep in mind, when the fault is shared, the value of the claim may be reduced.

Beyond Driving Records

Although driving records are one element that may come into consideration during accident claims, they are not the only factor. Bankruptcies and criminal records, particularly those that involve financial crimes, are also sometimes introduced into these claims.

Unfortunately, an attorney can sometimes try to use these mistakes against a victim to try to discount their claim as nothing more than an attempt to gain money. Be sure you let your attorney know about any of these scenarios so that they are prepared to define you and your injuries so that your claim is handled fairly. 

As always, it is best to speak directly with an attorney to learn more about what to expect in your situation. For more information, reach out to a local car accident lawyer.


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