How Does Your Driving Record Affect Your Car Crash Claim?
No matter how responsibly and prudently you drive on the road, accidents happen when we least expect them. It doesn’t mean if you’re driving cautiously and adhering to the road regulations, the other drivers will also follow the same pattern while on the road. Unfortunately, if you get into an accident because of the other party’s negligence, you’re entitled to seek compensation for the damages incurred.
In the accident’s aftermath, numerous factors come into play when pursuing a car accident injury claim. One key element that is often overlooked and needs to be given more attention is your driving record! You might wonder “how your driving record could affect your car crash claim.” First and foremost, the insurance companies aren’t on your side. They are operating just as a business firm intending to give less indemnification to the person involved by leveraging your driving record to escape liability for the accident.
However, after investigating your case, if they successfully prove that you were partially at blame, you will be unable to obtain any compensation. Thus, entrusting your case to a reliable personal injury attorney in Sacramento can be advantageous to your case’s outcome, overseeing all the negotiations with the insurers while protecting your rights.
Understanding Driving Record
Often referred to as a Motor Vehicle Record (MVR) or driving history, A driving record is an official document containing detailed information about a person’s driving history. It comprises extensive data concerning an individual’s driving patterns and activities, usually maintained by the Department of Motor Vehicles (DMV) or a similar government organization.
A basic driving record typically contains the following details:
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Personal Information
This part contains the driver’s name, date of birth, residence, and license number. It identifies the record holder.
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Driver’s License Status
This section describes the present status of the driver’s license, such as whether it’s valid, suspended, revoked, or expired.
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Traffic Violations
The record includes any traffic offenses that the motorist has committed, such as speeding fines, running red lights, or reckless driving. It usually contains information on the date of the violation, the nature of the offense, and any points or demerits linked with it.
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Accident History
It includes information on any accidents wherein the driver has been involved, such as the incident’s date, location, and severity. It may also state if the motorist was considered at fault.
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License Suspensions and Revocations
This section describes cases that led to the driver’s license being suspended or revoked due to major infractions or repeated offenses.
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DUI or DWI Offenses
If the motorist has been convicted of driving under the influence (DUI) or driving while intoxicated (DWI), this will be documented in the record.
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License Restrictions or Endorsements
Any unique conditions, constraints, or endorsements on the driving license — such as the requirement for corrective glasses or prohibitions on driving specific types of cars — may be stated.
Insurance Companies Will Use Your Driving Record To Prove Liability
Insurance companies contribute significantly to evaluating culpability and assigning liability in car accidents. Thus, have an experienced auto accident lawyer in Sacramento by your side to handle all the conversations with your insurers. Here’s how they utilize driving records to determine fault:
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Affect on Fault Determination
When it comes to car accident cases, determining fault is critical to establishing liability for damages. Your driving record can substantially influence how fault is allocated. Therefore, the insurers begin by scrutinizing driving records to identify any past traffic violations committed by the drivers involved in the accident.
If your driving record exhibits traffic offenses such as speeding, running red lights, reckless driving, or proof of prior accidents, it may indicate a negative driving pattern. Contrariwise, having a clean driving record may boost your reputation and enhance your case when contesting blame.
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Assessment of Accident History
A driver’s accident history, as documented in their driving record, is a vital decisive factor in assessing blame. Insurance companies investigate previous accidents to see whether there is a history of similar events or a pattern of reckless driving behavior. If a motorist has been in several accidents or has a history of at-fault crashes, the insurance company may argue that they are to blame for the present accident.
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Evaluation of Comparative Negligence
In some states, including California, the concept of comparative negligence applies in car accident cases. So, when you pursue a lawsuit after a car accident, the insurance companies determine the degree of fault of each entity involved in an accident, considering this doctrine. They review all parties’ driving records to discover whether any acts or behaviors led to the accident. For instance, if one motorist crossed a red light while the other was speeding, both individuals may be held partially responsible based on their driving history.
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Verification of License Status
Insurance companies check the legal status of the driving license indicated on their driving record. If they find the license is suspended, revoked, or expired at the time of the accident, it may raise concerns about the individual’s legal right to drive a car. Depending on the circumstances, this information might be used to establish that the driver was irresponsible and thereby liable for the accident.
Strategies for Maintaining Your Driving Record
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Safe Driving Practices
You can ensure a clean driving record by adhering to all traffic regulations and practicing safe driving behaviors. Abstaining from speeding, careless driving, and distractions can dramatically reduce the odds of accidents and traffic fines.
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Defensive Driving Courses
In some instances, taking defensive classes might assist in reducing the impact of previous offenses on your record. Not only do these courses increase your driving skills, but they also show a proactive commitment to redressing any previous flaws.
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Record Review and Correction
Periodically examining your driving record for mistakes or obsolete information is critical. Errors in your record may have an unfavorable influence on your insurance rates or legal actions. If any disparities are discovered, take fast action to remedy them.
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Consulting Legal Professionals
If you get into an accident and plan to file a car accident claim, conferring with a professional lawyer specializing in handling cases similar to yours is vital. They will clarify all concerns related to your driving record, evaluate your circumstances, offer the best legal advice, and handle everything from filing the case to negotiating with the insurers on your behalf to ensure your rights are preserved and you get what you deserve.
Final Thoughts
A driving record can significantly influence your car crash claim’s outcome. Whether you’re submitting a claim or arguing against one, it’s critical to understand how your driving record affects the process. So, by sticking to the preceding steps, you can keep your driving record clean. Consult a reliable accident attorney to help you navigate the case while safeguarding your legal rights.