Key insights:
- Your driving record shapes how insurers see your credibility and fault.
- A bad record can label you careless and cut your compensation.
- A clean record makes you look responsible and can increase your payout.
- You can still file a claim even if you have past violations or accidents.
- A San Diego’s car accident lawyer can use evidence to offset your record and strengthen your case.
After a car accident, you can file a personal injury claim to help you recoup the costs of your medical care. However, your driving record can affect how your claim proceeds. Your driving history will influence how insurance providers and attorneys view your credibility, liability, and compensation. Your record will either convince insurers that you are at fault or that you should only be assigned a small percentage of fault.
What Information Does a Driving Record Include?
The Department of Motor Vehicles (DMV) maintains a comprehensive record of your driving history. The document includes your license information and license status. Details of traffic violations, such as speeding, reckless driving, or driving under the influence, will appear on your record. Your driving record will also show if your license has ever been suspended or revoked. Driving with a suspended or revoked license can have very severe consequences.
The length of time that your driving history is retained depends on state-specific regulations. In California, minor infractions remain on record for 3 years, and major offenses like DUIs and reckless driving stay on record for 10 years. DMV driving history alerts insurance providers to a driver’s past and informs how they view another infraction. For instance, if a record contains a DUI within ten years of the first conviction, the sentence will be harsher.
How Can a Bad Driving Record Harm Your Accident Claim?
Your driving record provides insight into your past driving conduct. Therefore, a poor history can create challenges when pursuing a personal injury case after an accident. Insurance companies may scrutinize your history for evidence of reckless or negligent driving. If your record reveals multiple traffic violations, DUIs, or past accidents, they may argue that you have a pattern of careless driving behavior.
A driving record full of past violations creates doubt about your credibility, potentially undermining your version of events. Your driving record can also impact fault determination, so you may be assigned more liability as a result. California uses a pure comparative negligence system, in which compensation is reduced based on each party’s contribution to the accident. If you record shows repeated infractions, it suggests you are inherently reckless.
A record of criminal offenses can be particularly damaging because it casts doubt on your responsibility, character, morals, and behavior on the road. You may be seen as habitually negligent and as someone who willfully disregards the safety of other road users. Even if you are not at fault for the accident in question, your driving history will make you seem less trustworthy. Insurance adjusters will use your history against you to:
- Justify lower settlements by arguing that your injuries stem from a past accident you were responsible for, not the one you are claiming for.
- Shift the blame by claiming that your history proves that you are prone to regular collisions and are therefore an unreliable plaintiff.
- Prolong negotiations by weaponizing your record to delay the claim or deny it outright.
Can a Spotless Driving Record Improve My Claim?
A spotless driving record can be an asset in a personal injury claim. An unblemished driving history proves that you are a responsible, law-abiding driver and enhances the credibility of your claim. A history of responsible driving substantially reduces your chances of being assigned the majority of fault. Generally, claims from drivers with good driving records are often settled more quickly and with higher compensation because they are considered more credible.
If you have no accidents or violations on your record, it proves that you don’t drive negligently as a rule. A clear record supports your argument that the other driver most likely caused the current accident. Insurance companies view drivers with clean records as lower risk, which may lead to more favorable treatment during the claims process. It also makes it easier for your attorney to demonstrate your innocence.
Can I File a Car Accident Claim With a Poor Driving Record?
If your driving record isn’t perfect, it doesn’t mean you should give up on a personal injury claim. File your claim regardless of your history because liability is determined based on the facts of the current accident, not solely on your past record. You should always speak to an experienced personal injury attorney who can help you develop a strategy to counter arguments from insurance companies and defense attorneys.
Your attorney will gather evidence such as police reports, witness statements, and medical documentation to establish fault and the accident’s connection to your injury. In some cases, demonstrating how you have improved your driving habits, like completing defensive driving courses, can mitigate insurance concerns about your record. Even if you have been in accidents before, you may still be able to recover compensation.
Do I Need an Attorney if I have a Bad Driving Record?
Your driving record is a detailed record of your driving history. It can influence various aspects of your personal injury claim, including credibility, fault determination, and compensation. Although a less-than-perfect driving record could raise doubts about your responsibility, it does not necessarily mean you cannot claim for your damages. Working with an attorney can significantly improve your chances of recovering compensatory damages.
If you’ve been in an accident and you are concerned about your driving record, reach out to HHJ Trial Attorneys. We are here to help you understand how your record will affect your claim so you can prepare yourself for potential hurdles. Our team will support you every step of the way and help you receive the compensation you deserve. Contact us to schedule a free case review so we can discuss your options and possible legal strategies.
