(562) 698-6446
(562) 698-6446
At Hanning & Sacchetto, LLP, our auto accident attorneys in Whittier know that when someone is hurt in a vehicle collision in California, the last thing they think is, “Will my driving record impact my ability to pursue a personal injury claim?”
They are thinking, “Who is going to pay for my medical bills, lost wages, and other damages?”
Most assume the liable driver’s insurance company will do the right thing. After all, their policyholder caused the crash. Then, reality sets in Insurance companies do not want to pay claims.
The insurance representative will investigate the accident and search for evidence that can be used against the injured party. This might include your driving record.
Why Would the Insurance Company Review an Injured Party’s Driving Record?
Insurance companies and legal professionals often consider various factors when assessing a claim, and your driving history may be one of them.
Your driving record might include traffic citations for speeding, reckless driving, and other violations that may help the insurance company shift liability onto you and away from their policyholder. They can also view information about previous accidents and injuries before the most recent crash.
That information can be valuable to their position: Disputing liability.
Here are some ways in which a poor driving record may affect your car accident claim:
- Fault Determination
Your past driving record may be considered when determining fault in the accident. If you have a history of traffic violations or previous accidents, it could be used against you in establishing liability for the current accident.
- Credibility Issues
Your claim credibility may be questioned if you have a history of traffic violations or accidents. Insurance adjusters and opposing legal teams may argue that your past behavior on the road indicates a pattern of negligence.
- Impact on Damages
In some cases, a poor driving record may be considered when assessing the extent of damages. If it is argued that your driving history contributed to the severity of the accident or injuries, it could affect the compensation you receive.
- Pre-Existing Conditions
Another aspect of your driving record affecting your case is any prior car crashes you were involved in. Even if someone else caused those accidents, the insurance adjuster could review your medical records to determine if your injury is a pre-existing condition due to those accidents instead of the most recent crash.
You cannot hold another driver financially responsible for a pre-existing injury you had before the collision. However, you can pursue compensation if the accident aggravated a previous injury.
While a poor driving record can complicate your car accident claim, it does not necessarily mean you will be unable to recover damages. Our California car accident attorneys can provide guidance based on the specific circumstances of your case. Additionally, evidence related to the current accident, like eyewitness accounts, traffic camera footage, and police reports, can be crucial in determining liability and the outcome of your claim.
Contact Our California Car Accident Attorneys at Hanning & Sacchetto For Help Today
If you have been injured in a car accident caused by negligence in California, contact our experienced personal injury attorneys in Whittier today by calling (562) 698-6446 to schedule a free consultation.
