When you get involved in a car accident due to someone else’s fault, you may have several questions about your rights. One question may be if either party’s driving history matters in the case. While driving records are not enough to establish fault in a personal injury case, they can surely aid the process.
If you have a bad driving record or too many points on your license, the insurance company may use it against you to devalue your claim. A Stockton personal injury attorney can help you fight the insurance company’s dirty tactics and get the compensation you deserve.
How does driving record impact compensation?
Firstly, you should know that you have the right to file for compensation if you believe the other party has caused your injuries. It does not matter whether they have a clean driving record and you have been in several accidents before. Driving records are only an indication of a person’s driving skills, but they are not enough to prove a legal case.
A bad driving record in Stockton does not stop you from filing a claim, nor does it reduce your chances of winning a settlement. However, you should remember that fighting a personal injury case with a negative past won’t be easy. The other party’s attorney and the insurance company will try their best to use your poor driving skills as a way to devalue your claim or blame you for the accident.
You can dodge this problem by hiring an attorney. Cases where you have a bad driving record can be more complex and especially require the assistance of an attorney.
The insurance company may accuse you of having past injuries
If your driving record shows that you have been in various road accidents before, the insurance company may argue that your injuries are pre-existing from your past accidents. If they are successful, this could keep you from receiving a major portion or even your entire compensation.
Even if you have pre-existing conditions, your most recent collision could aggravate your injuries. Your attorney can help you gather evidence showing that your past injuries have worsened with the accident. Therefore, even if they argue that you had existing injuries, they cannot say that the injuries cannot worsen.
When is a driving record helpful?
A driving record is only helpful if your record is completely clean. Even if you have one parking ticket, the insurance company won’t leave out the chance to put the blame on you. Your attorney can use your records to demonstrate that you are a careful driver.