If you were recently involved in a car accident that was not your fault, you may worry about how your driving record will impact the claim. Could your insurance company accuse you of playing a role in the accident because you were at fault in a previous accident? This is possible, but an experienced car accident injury lawyer will help you set the record straight.
Your driving record consists of traffic violations, accidents, points on your license, and other driving-related events from the past few years. Insurance companies generally have access to this record, as they need it to determine your insurance premiums. It may also come up during the investigation process for a car accident.
Past incidents on your driving record might impact your insurance claim in a few ways.
If you were involved in another recent accident, this will show up on your driving record. The insurance company may suspect that the injuries you are claiming in this accident were actually from the previous crash. The adjuster might claim you are trying to “double-dip” and receive medical payments for the same injuries twice.
Florida’s eggshell plaintiff rule allows you to seek compensation for all of the harm a careless driver caused you, even if pre-existing injuries made your accident injuries worse. Whether you experienced internal bleeding, broken bones, spinal cord damage, whiplash injury, soft tissue injuries, or a traumatic brain injury, the insurance company may be obligated to pay you the full value of your car accident injury.
If you have previously been at fault in an accident, the insurance company may view this as evidence that you at least partially contributed to the accident. This claim may be especially strong if:
For example, maybe you previously received a citation for running a red light. In this accident, another driver struck you at an intersection when your light had just turned green. The insurance company might assume that your light was red when the accident happened due to your driving history.
However, the insurer’s main focus should be on the facts of the car accident injury case at hand, not your record.
Maybe you are having a particularly unlucky year and have been involved in several not-at-fault accidents. The insurance company may review your accident history and suspect that you are trying to commit insurance fraud.
Insurance fraud involves filing claims for events that were not accidental or lying about details of the accident in your claim. While being involved in multiple accidents in a year isn’t common, neither is it impossible. Your attorney will help you dispute any claims of insurance fraud by pointing to the evidence in your case.
You may not be obligated to disclose your driving record as part of the insurance claim, but this information will certainly come to light during a lawsuit. Attempting to hide your driving record could hurt your case, as the defendant might state that you were concealing evidence or intentionally hiding something that proves your negligence.
If you are concerned about how your driving record might impact your car accident injury case, our attorneys at Fenstersheib Law Group, P.A., can help. Allow us to present evidence supporting your insurance claim and discounting any false claims against you.
Call 800-TellRobert (800-835-5762) or 954-456-2488 today for a free legal consultation.
Frequently Asked Questions:
Q: Can my past driving accidents affect my current car accident injury claim?
A: Yes, insurers may use your past record to question the validity of your current injuries or claim you were at fault.
Q: Am I required to disclose my driving record for a car accident injury claim?
A: While not always initially, it will likely come up in a lawsuit, and hiding it could harm your case.
Q: What if the insurance company accuses me of insurance fraud due to my accident history?
A: An attorney can help you dispute these claims by presenting evidence that supports your case and counters false accusations.
The Lawyers at Fenstersheib Law Group, P.A. provide
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