If you’re filing a claim with an insurance company for your injuries after a car crash, can the insurance company use your driving record against your injury claim? Technically, yes, an insurance company can attempt to deny an insurance claim if they find you have a pattern of poor driving on your record. However, you have legal recourse to seek compensation for your injuries.
When Does Your Driving Record Affect Your Insurance Claim?
In Connecticut, negligent drivers at fault for accidents are liable for the injuries they cause others. However, if you get hit by another driver in a car crash and file your claim with the insurance company, they might look at your driving record to reduce your claim’s value.
For example, if a driver T-boned you in an intersection while running a stop sign, you might think you can file an insurance claim and get all $60,000 of your medical bills paid by the insurance company since you were not at fault. However, the insurance company might try to claim you were partially at fault and only offer $25,000. What do you do next?
If negotiations with the insurance company don’t work in your favor, you can take the at-fault driver to court. But what if the insurance company brings up your driving record? The jury might consider whether your record indicates you are a bad driver. Will it affect their decision in your case?
When Can Your Driving Record Benefit Your Case?
If you have a good driving record, you can leverage it to demonstrate your history of following the appropriate laws to maintain a safe driving record. A good driving record can strengthen your injury claim.
Should You Investigate the Other Driver’s Record?
In your case, introducing the negligent driver’s record could benefit your claim if they have infractions, tickets, or previous accidents on file. As the plaintiff, you can attempt to establish a pattern of negligence by the other driver that could have led to your car crash, including the following behaviors:
- A hit and run
- Reckless driving
- Failing to yield the right of way at an intersection
- Failing to stop at a traffic light or stop sign
- Vehicle safety infractions (driving with a broken windshield, missing bumper, one headlamp, etc.)
Your personal injury attorney can investigate the other driver’s record during “discovery,” a pre-trial stage in which the plaintiff and the defense request evidence from the other side to determine whether to settle early or pursue the case in court. If the defense learns you have good evidence against their client, they could offer to settle for the full value of your claim without standing before a judge.
How a Personal Injury Attorney Can Help
A personal injury attorney is familiar with personal injury law and case precedent. If you suffer injuries in a car crash and don’t have a perfect driving record or have previous injuries on your record, you need an experienced attorney on your side. Your attorney can gather evidence to show you were not at fault for the accident or present evidence the accident exacerbated existing injuries.
Contact a Connecticut Personal Injury Attorney After a Car Accident
The insurance company will likely try to use your driving record against your injury claim if you have tickets or infractions. For help with a Connecticut car accident case, contact the Law Offices of James A. Welcome in Waterbury, Norwalk, Danbury, West Hartford, or Torrington, CT. Call today at 203-753-7300 or contact us online to schedule a consultation.