Will Your Driving Record Affect Your Car Accident Injury Claim?
A car accident can lead to skyrocketing expenses and plenty of stress—especially when you are injured. Fortunately, Minnesota law lets injury victims pursue a personal injury claim against an at-fault party. However, some Minnesota drivers may wonder how their driving records could impact their ability to seek fair compensation for their injuries.
Here’s what you need to know.
How Will Your Driving Record Affect Your Car Accident Injury Claim?
Not many drivers have a spotless driving record. Most have been involved in at least one accident and received one or more traffic tickets
If you’ve been injured in an accident caused by someone else’s negligence or wrongdoing, you may be hoping to get compensation through a personal injury lawsuit. But one may wonder, will your driving record impact your claim?
The short answer is no. Your driving record is inadmissible in a lawsuit. However, if you were injured in a previous accident, the insurance company may argue that your current symptoms stem from that pre-existing condition and that their client is therefore not liable.
Will the Insurance Company Have Access to Your Driving Record?
No. You will be asked to disclose your medical history (which may reveal existing injuries), but you will never be obligated to disclose your driving record.
With that said, you can be sure that the insurance company will investigate. Their goal is to find any excuse they can to deny your claim or justify a lowball settlement offer.
When Should You Disclose Your Driving Record?
When dealing with insurance companies, it is wise to check with your attorney before sharing any information beyond the minimum required in reporting an accident. The opposite is true when discussing the case with your attorney.
The more your attorney knows, the better. They will need to know any details the insurance company may have discovered about you. If you allow your attorney to be caught off guard during a settlement negotiation or jury trial, it could spell disaster for your claim.
By giving your attorney a thorough understanding of your history, you can help them strengthen your case and counter the insurance company’s attempts to discredit you.
So be sure to tell your attorney about any:
- Prior accidents
- Past traffic violations
- Past insurance claims and settlements
- Pre-existing injuries or illnesses
- Bankruptcies, unpaid child support, and criminal convictions
If you aren’t sure whether something is relevant, share it anyway. It’s always better for your attorney to know too much than too little.
Remember: any information you share with your attorney is protected by attorney-client confidentiality.
Should You File a Car Accident Claim Even If You Have a Spotty Driving Record?
If you are injured due to someone else’s negligence or misconduct, your past shouldn’t stand in the way of claiming the compensation you deserve.
Of course, the insurance company may not see it that way. Most insurance providers have no problem stonewalling and blaming injury victims, then offering lowball settlements. We call this the “delay, deny, defend” strategy, all with the goal of paying out as little as possible.
To increase your chances of receiving a fair settlement offer or favorable trial verdict, it’s always wise to contact an experienced personal injury attorney to represent you.
At SiebenCarey, we know all the tricks insurance companies pull—and we have the expertise and resources needed to fight back. For 70 years, we’ve helped thousands of personal injury victims get the financial support they need after an auto accident.
Just contact us, and our team of veteran auto accident attorneys can:
- Explain your rights to you
- Investigate your accident and injury
- Build a solid legal case on your behalf
- Help you win every dollar of compensation you’re entitled to
