Can Other Accidents on Your Driving Record Affect an Injury Claim?
Posted on behalf of Lynch Law Firm on Oct 06, 2021 in Car Accidents News
Even if you have strong evidence another driver caused an accident that resulted in your injuries, the insurance company is likely to go out of its way to try to prove your claim is not worth what you say it is. One of their strategies may be to try and dig up information about any prior accidents you may have been involved in.
Fortunately, our car accident lawyers in New Jersey are prepared for these tactics. We are here to review your options for pursuing the compensation you need for medical bills, lost wages and other damages, whether there are prior accidents on your driving record or not.
Below, we discuss how a prior accident on your record may affect a claim for compensation.
Do I Need to Disclose Prior Accidents?
You should always disclose all pertinent information to your attorney so he or she may have all the facts that will help determine what legal route to take when pursuing compensation. Thanks to attorney-client privilege, your attorney is bound by a legal duty to keep most communication about the case confidential.
If your claim is still being negotiated, you may not need to disclose prior accidents, as it may not be relevant to your claim. However, it is important to note that if the insurance company you are filing a claim against is the same as your own, there is a strong possibility that the opposing side may already have this information on you.
That said, you should not disclose this information to the insurance company. If you think a past accident may be a problem, tell your attorney so he or she will be prepared for it to come up.
Disclosing prior accidents may be required during the discovery process, which takes place after your attorney has filed a lawsuit to resolve the dispute. At this point, you may be legally bound to do so, either during the interrogatories part of discovery or during a deposition.
How Should I Disclose Prior Accidents?
It is important to disclose this information with the help of an experienced attorney, as he or she may be able to limit the damage this information may do to your claim. An attorney may also be able to counter unfair arguments made by the insurance company.
Remember that your answers to interrogatory questions are reviewed by your attorney prior to being sent to the opposing counsel. Additionally, your attorney will not only be present during your deposition but also will help you prepare for it.
How the Insurance Company Will Use Prior Accidents Against You
Car accidents happen every day and living in a densely populated state with a lot of traffic like New Jersey means that there is a high probability that you have been involved in an accident at least once in your life.
Once you disclose prior car accidents, the insurance company is likely to try and use this bit of information against you by claiming that the prior accidents are responsible for your injuries and therefore, they bear no liability for the current accident.
They may also use the fact that you have any accidents on your record as proof of you being a negligent driver.
What If I Was Not at Fault?
If you were not found to be at fault for the prior accidents on your record, you may be able to prove to a jury that you have a history of safe driving.
Unfortunately, the insurance company may try to attack your credibility. In other words, they may try to say you are trying to game the system for profit.
However, our attorneys are prepared to help build a strong case to help prove you suffered damages due to the negligent actions of another driver.
What If I Was at Fault?
With a history of prior accidents in which you were at fault, the insurance company may have a stronger argument that you are a negligent driver. They may use this information to assign partial fault for the crash to you.
However, even if you were at fault for past accidents, our attorneys are prepared to help gather evidence to prove you were not at fault for the accident you are now filing a claim for.
Let Us Help Protect Your Claim. Call Today
Insurance companies use many tactics to deny or devalue injury claims, but with help from an experienced attorney you may still be able to recover the maximum compensation you need for medical bills, lost wages and other damages.
Our attorneys have been helping injury victims for decades and have successfully recovered millions on their behalf.
We offer a free consultation and charge you nothing up front.
Call us today at no risk to you. Phone: (800) 518-0508 .
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