I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.
After a car accident, you might assume you will receive compensation if the other party is at fault. However, an auto insurance provider will often do everything they can to deny a claim. One approach they might use is to examine your driving history and use this as evidence that you were at fault for the accident.
Tell Your Attorney Everything
If you are concerned that your driving record might impact your auto accident claim, it's a good idea to bring this up with your car accident attorney. An attorney will be able to prepare a better case for you if they are informed about anything that might affect your case.
You will not have to worry about anything you say to your attorney being revealed to the general public. They are required to keep all communications between both of you confidential because of attorney-client privilege.
Your Driving Record Might Not Be Relevant
In some cases, your driving record might have no impact on your case. For example, if your case never goes to trial, you might be able to negotiate a settlement, and the insurance provider might never discover your driving record. However, if you file a lawsuit, your driving record could become a part of the discovery process and you might be forced to disclose it.
How Your Record Can Impact Your Case
If you have only had a few accidents, it might be difficult for the insurance provider to argue that you are a reckless driver and that this might have contributed to the accident. However, the legal defense might be able to convince a jury that your driving record is a sign that you were responsible for the accident.
The insurance provider might also argue that you were injured in a previous accident and that your current injuries are the result of a preexisting condition. However, a competent legal team should be able to argue against this because the eggshell doctrine holds that a plaintiff can still recover full damages, even if their pre-existing condition was exacerbated by a new injury.
How to Win Your Case
An insurance provider will use all sorts of tricks in an attempt to deny a claim. Therefore, it's a good idea to work closely with an attorney who will assist you in creating a compelling argument for why you should be entitled to compensation for your medical expenses, future medical expenses, lost wages, lost future earning potential, and pain and suffering.
To read more and learn how a car accident attorney can help you, reach out to a local law firm.