After suffering injuries in a car accident, people often face physical, emotional, and financial challenges that can upend their lives. If another party was to blame for the collision, you might be eligible to receive compensation for your losses. However, when pursuing compensation for injuries sustained in an accident, you might worry whether your driving record may come into play. Can you still file a claim if you have points on your license? Can you receive compensation if you have been in other accidents?
Understanding how your driving record can affect your injury case can help you feel more confident as you proceed with your claim.
Can I Receive Compensation if I Have a Negative Driving Record?
Even if you have a negative driving record, you may still be eligible for compensation in an injury case. While your driving history may influence the perception of your case, the primary focus will be on determining fault for the specific accident in question. If the insurance company or the court determines that another party is at fault, you can pursue compensation for your losses. However, if you share responsibility for the accident, California’s comparative negligence law may reduce your compensation based on your percentage of fault.
Determining fault on your own can be challenging. An experienced San Diego car accident attorney will know how to figure out who was at fault and work to maximize your recovery.
Can an Insurance Company Use My Driving Record Against Me?
Insurance companies often examine your driving record when determining liability and negotiating settlements. Because their goal is to minimize your payout, the insurance adjuster may use your past driving history to argue that you are more likely to be at fault in the accident or to offer you a lower settlement.
However, it is essential to remember that insurance companies cannot solely base their decision on your driving record. The specific circumstances of the accident and the available evidence will ultimately determine liability. A skilled lawyer will conduct a thorough investigation of the collision and fight for what you deserve, regardless of your history.
How Long Does a Car Accident Stay on Your Record?
In California, most car accidents remain on your driving record for three years. However, this duration may vary depending on the severity of the accident and whether it involved any traffic violations or criminal convictions. More severe incidents, such as a DUI-related accident, can remain on a person’s driving record for up to 10 years. Yet even if an accident remains on your record, its impact on your insurance rates and future injury cases may lessen over time.
How Can I Get an Accident Off My Record?
Unfortunately, there is no straightforward process for prematurely removing an accident from your driving record. However, there are a few steps you can take to minimize the impact of the accident on your record:
- Drive safely and maintain a clean driving record moving forward. Doing so will demonstrate that you have learned from past mistakes and can help offset the negative impact of the accident on your record.
- Complete a defensive driving or traffic school course. In some cases, a qualifying course may help reduce the number of points on your license or facilitate the dismissal of a traffic violation associated with the accident.
- Check your driving record regularly for accuracy. If you find an error, contact the California Department of Motor Vehicles to correct the mistake.
- Consult a San Diego car accident attorney to explore your legal options for addressing any ongoing issues related to the accident on your record.
Contact a San Diego Car Accident Attorney
If you have concerns about how your driving record may affect your injury case, the advice of an experienced car accident attorney can empower you with the knowledge you need to move forward. A skilled lawyer can evaluate the merits of your case, protect your rights, and fight for the compensation you deserve. By partnering with a knowledgeable legal professional, you’ll have a better chance to overcome any challenges your driving record may present so you can focus on your recovery.
The seasoned legal team at Jurewitz Law Group Injury & Accident Lawyers has the knowledge and resources necessary to recover the compensation you deserve. Our San Diego car accident lawyers dedicate themselves to fighting for the rights of injured individuals, and we are ready to help you too. Don’t let your past driving mistakes stand in the way of building the future you deserve. Call us now at (619) 233-5020 or contact us online for a free case review to learn more about your legal options.