Insurance companies are always looking for different ways to minimize their liability and keep you from getting the most money possible from your claim. They’ll review witness statements, police reports and video evidence in an effort to piece together the true nature of your accident, but will they also be able to use your driving history against you during the claim’s process? In today’s blog, we explain how your driving record can impact your quest for compensation after an automobile accident.
Your Driving Record And Your Auto Accident Claim
Sometimes your driving record will offer up some vital information pertaining to your current automobile accident claim, but far more often than not there is little to be gained from reviewing your past driving records. Moreover, the insurance company of an at-fault or negligent driver will not have legal access to your previous driving record, so you don’t need to worry about the insurance company trying to use past events like speeding tickets to make a case that you are an unsafe driver who is entitled to a smaller payout. You don’t need to share this information with an insurance agent who gives you a call to take a statement, and they do not have access to this information, so your previous driving record isn’t something to lose sleep over when it comes to your current claim.
With all that said, that’s not to say that you should just ignore your driving history as a whole when moving forward with a claim, especially if you have already been involved in an automobile accident with injuries. As we mentioned above, the insurance company will look for any reason to deny or minimize your claim, and one area they’ll investigate is if you are dealing with pre-existing injuries.
For example, let’s say you had previously sought treatment for neck pain or a shoulder dislocation as a result of an earlier car accident or something more innocent like a sports injury. The insurance company will have access to your medical records, and they may attempt to argue that you are entitled to a smaller payout because there were pre-existing injuries and the discomfort you are experiencing is not solely tied to the most recent car accident. They aren’t guaranteed to win this argument, but if you don’t push back against these claims or come prepared to refute this angle, you may find that your compensated is limited.
When it comes to your driving record and your previous medical history, it is very important that you share these details with your car accident injury lawyer. The more information they have, the easier it will be for them to develop a case and prepare for any possible counters to your claim. If they know that you previously received medical care following a different automobile accident or you’ve been receiving treatment for chronic back issues, they’ll be able to design an argument that accounts for the expected challenges from the other side.
If you have some speeding or distracted driving violations on your record, you don’t need to worry that your driving history will cause problems for your current claim. However, you do want to let your lawyer know about previous or current medical treatments that may be targeted by the insurance company as a possible pre-existing injury so that they can prepare counter arguments to these challenges. We know how to put together an airtight case, and we’d be happy to do the same for you if you find yourself working to collect compensation after a car accident in Minnesota.
For more information about car accident claims, or to talk with an attorney to see if you may have a valid claim, pick up the phone and call Dean and the team at Margolis Law Firm today at (952) 230-2700.
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