California is one of the majority of states with fault-based insurance laws for car accident claims. Under the state’s pure comparative negligence laws, it matters who caused or contributed to the accident. If you’ve suffered injuries and property damage in a California car accident through no fault of your own, you might expect the insurance company of the negligent or reckless driver to compensate you for your damages, but insurance companies sometimes protect their profits at your expense. One way they might do this is by examining your driving record. It’s important to know what an insurance company looks for on your California driving record and how this affects your compensation claim for car accident damages.
How Does a Driving Record Impact a Personal Injury Claim After a Car Accident?
California’s fault-based insurance laws allow an insurance company to reduce the compensation they pay out on a personal injury claim by the injury victim’s percentage of fault. While this type of system can be beneficial to those who contribute to the cause or severity of an accident because they can still recover a portion of their damages like medical expenses, lost wages, and compensation for pain and suffering, it may also incentivize the insurance company to assign an injury victim a percentage of fault for the accident to protect their company’s profit margin. One way they do this is by examining an injury victim’s driving record. A history of previous accidents or traffic violations could give them cause to lower the amount of compensation available to you.
What Does an Insurance Company Look for In My Driving Record?
There are several ways a driving record in California can impact your compensation claim after a car accident, including the following:
- If there is a question of fault or how much you might have contributed to the cause or severity of the accident, a history of speeding, reckless driving, or other traffic violations could impact your compensation by giving credibility to an insurance company’s claim that you were at least partly at fault
- A history of previous traffic infractions could show that you have a background of negligence behind the wheel
- Previous accidents on your record could allow an insurance company to claim that your symptoms result from a previous car accident unrelated to the accident caused by their policyholder
- A driving record showing a violation for failing to wear a seatbelt could raise doubt that you were properly restrained, potentially giving the insurance company cause to claim that your injuries were the result of failing to wear a seatbelt
Insurance adjusters use an injury victim’s driving record and other common tactics to protect their profits at your expense. They may also call on a recorded line and use your words out of context against you or reach out quickly with a fast settlement offer for far less than your claim is worth before you know the full extent of your damages.
How Can I Protect Myself After a Car Accident?
In the immediate aftermath of a serious car accident, it’s understandable that an injury victim’s focus is on their pain and fear. Physical safety and prompt medical attention are the first priority; however, taking a few simple steps with a cell phone only takes a few moments while you wait for help to arrive. If you can move safely and use a cell phone, taking the following actions helps to document evidence of the cause of the accident:
- Photograph the involved vehicles in their resting positions before emergency services move them
- Photograph the damage to each vehicle
- Snap photos of the accident scene and anything relevant such as potholes, stop signs, or traffic signals
- Add the name of the other driver to your contact information and get the name of their insurance company
- If there are eyewitnesses nearby, add their contact information to your phone
Always go to a hospital or urgent care center as soon as you are cleared to leave the scene by the police, either in an ambulance or by arranging transportation. Ask for a detailed medical report to prove that your injuries occurred in the accident.
Hire an Experienced Car Accident Attorney
If you have a history of traffic infractions or one or more previous accidents, you need an experienced Van Nuys accident attorney to protect your rights and argue for your best interest throughout the claim process.
