Imagine this:<\/p>\n
You’re driving down the road, completely focused, with both hands on the wheel, going the speed limit, and suddenly, someone rear-ends you. You sustain a neck\u00a0sprain from the accident, so you\u00a0file an injury claim with the at-fault driver’s insurance company.<\/p>\n
It’s evident you didn’t do anything wrong in this situation, but the insurance company pulls your driving record and sees it’s not so squeaky clean. In fact, on paper,\u00a0you<\/em>\u00a0look like the one who is a bad driver.<\/p>\n Can the insurance company use your driving record against you when you file a claim?<\/p>\n Unfortunately, they often can.<\/p>\n So keep reading as we dive into this topic, and you learn exactly how your driving record can impact an insurance claim.<\/p>\n Before discussing how a poor driving record can affect an injury claim, you should know that if someone else injures you in a car accident, you are legally entitled to compensation.<\/p>\n You should never let blemishes on your driving record stop you from filing a\u00a0personal injury claim<\/a>\u00a0against the at-fault party. First, however, you want to hire some legal help when filing a claim.<\/p>\n Although your driving record alone cannot prevent you from receiving compensation, it can lower the amount you receive from the insurance company for your claim. Neither party can use evidence of prior convictions of criminal-based\u00a0driving offenses<\/a>\u00a0to prove guilt. Examples of these convictions include:<\/p>\n But, attorneys can use your driving record to doubt your credibility and testimony.\u00a0Thus, hiring a lawyer to help you with your claim is the best way to get the compensation you deserve.<\/p>\n Insurance companies use many tactics to pay less money on claims,\u00a0so you want someone in your corner fighting against them and for what you are owed for your pain and suffering.<\/p>\n If\u00a0you have one parking ticket or a single moving violation on your driving record, it won’t be enough for the insurance company to try to use it against you.<\/p>\n But suppose you have multiple tickets for distracted driving, several\u00a0speeding tickets<\/a>, or a conviction\u00a0for a criminal-based driving offense. In that case, they may try to establish a pattern of poor driving.<\/p>\n If they can show you are a reckless driver, they may try to say\u00a0you<\/em>\u00a0were actually the at-fault driver in the accident. They\u00a0can use this information to\u00a0counter your claim and deny you financial compensation.<\/p>\n Remember, you’re only entitled to compensation from an at-fault party.<\/p>\n Based on your driving record, they may be unable to outright blame you entirely for the accident. But they can still try to allege you were partially at fault.<\/p>\n Being partially at fault would undervalue your claim so that the insurance company would pay you less. Every state has\u00a0negligence laws<\/a>\u00a0that prevent you from receiving part or all of your compensation\u00a0if you were partially to blame for the accident.<\/p>\n The insurance company may try to use your driving history to establish some fault and paint you as a negligent driver. Then, they wouldn’t have to pay as much in compensation to you for your injuries.<\/p>\n Aside from trying to establish a pattern of poor and negligent driving to reduce your compensation, the insurance company may also try to prove your injuries were actually from a prior accident.<\/p>\n For instance, if\u00a0your driving record shows you were in a previous accident, the insurance company may try to\u00a0use that as a way to state that your current injuries are just pre-existing.<\/p>\n If they successfully prove this, they could prevent you from receiving any money.\u00a0This is because pre-existing conditions are not compensable in personal injury claims.<\/p>\n However, if you did have a prior accident, but this most recent accident aggravated pre-existing injuries, you can still receive compensation. You\u00a0would need the assistance of an attorney to help you collect proper evidence to\u00a0prove the accident worsened your condition.<\/p>\n Additionally, the\u00a0insurance company cannot claim your injuries wouldn’t have been so bad if you didn’t already have a pre-existing condition. So they have to accept your condition as it is. This is the\u00a0eggshell skull rule<\/a>.<\/p>\n Your driving record isn’t all bad news for your injury claim.<\/p>\n While the insurance company may try to use a poor driving record against you, it can benefit you in your lawsuit if you have a clean or primarily spotless record.<\/p>\n If the insurance company tries to\u00a0paint you as a negligent driver or establish fault,\u00a0your lawyer can use your clean record to demonstrate you’re a careful driver.\u00a0This could benefit and strengthen your claim.<\/p>\n Further,\u00a0you can introduce the other driver’s record into the court. If the at-fault driver has a history of car accidents or moving violation tickets, this could help your case. Your lawyer can use the other driver’s record to establish a pattern of negligent driving.<\/p>\n This may take any fault away from you and strengthen how much compensation you are entitled to receive.<\/p>\n If one party wants to submit driving records to the court, it’s best to present both drivers’ records to establish fault better. Again, it will work in your favor if you have a history of being a safe driver.<\/p>\n If you’ve recently been in an accident and want to file an injury claim, you must hire a lawyer first. It’s the best way to ensure you receive the compensation you deserve.<\/p>\n Contact us<\/a>\u00a0en\u00a0RHINO Lawyers<\/strong>\u00a0to speak with an attorney today. We’ll offer free advice to you now!<\/p>\n In short, after a car accident, you may not know your rights. Above all, don\u2019t struggle through the process alone. Actually, our equipo de lesiones personales<\/a> is here to help you with any legal needs you might have regarding your accident.<\/p>\n Lastly, let\u00a0RHINO Lawyers<\/strong>\u00a0answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the \u201cFree Instant Case Evaluation<\/a>\u201d or by calling us any time, day or night, at\u00a0844.RHINO.77<\/a>.<\/p>","protected":false},"excerpt":{"rendered":" Imagine this: You’re driving down the road, completely focused, with both hands on the wheel, going the speed limit, and suddenly, someone rear-ends you. You sustain a neck\u00a0sprain from the accident, so you\u00a0file an injury claim with the at-fault driver’s insurance company. It’s evident you didn’t do anything wrong in this situation, but the insurance […]<\/p>\n","protected":false},"author":1,"featured_media":29860,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[41],"tags":[],"class_list":["post-29859","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news"],"yoast_head":"\nWho Is Entitled to Compensation From an Injury Claim?<\/h2>\n
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How Insurance Companies\u00a0Try to Use Your Driving Record Against You<\/h2>\n
Pre-Existing Injuries<\/h3>\n
Can Your Driving Record Help You in an Injury Claim?<\/h2>\n
Hire a\u00a0Lawyer for Your Personal Injury Claim<\/h2>\n
CONTACT A TAMPA AUTO ACCIDENT ATTORNEY<\/h2>\n