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Can a poor driving record affect your injury claim?

On Behalf of | Aug 21, 2023 | Car Accidents, Insurance Bad Faith

Insurance companies are known to reduce the value of damages or lowball settlement offers. If you have a long history of traffic violations, the insurance company may use it against you. However, even with a less-than-stellar driving record, you should still be able to pursue financial compensation for your car accident injuries.

A poor driving record is a red flag

Your driving record is essentially a report card of your driving behavior. A poor driving record involves a long list of traffic violations, from speeding to DUIs and reckless driving.

Insurance companies typically review the last three to five years of a person’s driving record to determine how much they will pay out and to conclude whether you shared fault in the accident.

Even if another motorist is to blame for the accident, the insurance provider could still hold your driving record against you. They may argue that you contributed to the accident, especially if the situation is similar to your previous violations. This could reduce or even get rid of your compensation.

On the other hand, a spotless driving record makes it easier to establish that a driver is not at fault.

Establishing fault is key

When an insurer is trying to shift blame, providing evidence that you did not cause the accident is crucial. This entails acquiring strong and valid evidence.

You may collect CCTV footage from the crash site, obtain witness testimonies or get a doctor’s diagnosis of your injuries. Seeking medical attention is crucial. Delaying a visit to the doctor may allow insurance companies to downplay your injuries.

Insurance companies can be aggressive in their efforts to avoid paying claims. Trying to seek compensation after a car accident can be extremely frustrating, especially if you have a history of driving violations. Hiring a seasoned injury attorney who can defend you regardless of your driving record may be your best option in such a situation.