Someone injured in a car accident in Nevada can file a personal injury claim against the at-fault party. But what if the victim has a bad driving record? Will it affect their personal injury claim in the state following a car accident, even if they were not at fault?
The answer is ‘NO.’ Your driving record cannot be used against you if you’re not at fault in a car accident. However, the best is to seek help from a Nevada personal injury attorney to avoid any kind of complexity.
Let’s discuss this in detail so you do not let your driving record stop you from filing a personal injury claim.
Does Your Driving Record Affect Your Personal Injury Claim?
Let’s recall before we talk about how a driving record can affect a personal injury claim that you are entitled to compensation by law if you are injured in a car accident by another person.
You should never let your bad driving record stop you from filing a personal injury claim against the at-fault party. However, the first thing to do is to talk to a personal injury attorney when filing a claim.
Although your driving record alone cannot prevent you from receiving compensation, it can reduce the amount you receive from the insurance company for your claim. Neither party can use evidence of prior convictions for criminal traffic offenses to prove the other party guilty.
But lawyers can use your driving record to cast doubt on your credibility and testimony. Therefore, hiring a personal injury attorney to help you with your claim is the best way to get the compensation you deserve.
Insurance companies use many tactics to make you settle for less money, so you want someone to fight them and get you what you deserve for your pain and suffering.
Insurance Companies Try to Use Your Driving Record Against You
If you have a parking ticket or a single traffic violation on your driving record, it will not be enough for the insurance company to try to use it against you.
But suppose you have multiple distracted driving tickets, multiple speeding tickets, or a conviction for a criminal driving offense. In that case, they may try to establish a bad driving pattern.
If they can prove that you are a reckless driver, they may try to prove that you were the driver at fault for the accident. They can use this information to counter your claim and deny you financial compensation.
Remember that you are only entitled to receive compensation from the at-fault party. Based on your driving record, they may not be able to blame you entirely for the accident. But they can try to claim that you were partly to blame.
Being partially at fault would undervalue your claim so that the insurance company would pay you less. Every state has negligence laws that prevent you from receiving part or all of the compensation if you were partly at fault for the accident. And Nevada is no exception.
Pre-Existing Injuries
To establish a pattern of negligent driving to reduce your compensation, the other party may also try to prove that your injuries were from a prior accident.
For example, if your driving record shows that you were in a prior accident, the insurance company may try to use it to claim that your current injuries are only pre-existing. If they can prove it, they could prevent you from receiving money.
However, if you were in a prior accident but this most recent accident aggravated pre-existing injuries, you may still be able to receive compensation. You will need the assistance of a personal injury lawyer to help you gather the proper evidence to show that the accident worsened your condition.
Can Your Driving Record Help You in Your Personal Injury Claim?
While your bad driving record may not be used against you, it may benefit you in your personal injury claim if you have a spotless record.
If the insurance company tries to paint you as a negligent driver, your personal injury lawyer can use your clean record to show you are a careful driver. This could benefit and strengthen your claim.
Also, you can enter the other driver’s record in court. If the at-fault driver has a history of car accidents or moving violation tickets, this could help your case. Your attorney can use the other driver’s record to establish a pattern of careless driving.
If one party wants to submit the driving records to the court, it is best to submit the records of both drivers to establish fault better. Again, it will work in your favor if you have a history of being a safe driver.
Hire a Personal Injury Attorney in Nevada!
If you have recently been in an accident in Nevada and want to file an injury claim, contact Bourassa Law Group, a leading personal injury law firm experienced in dealing with all types of personal injury cases.
The attorneys at the Bourassa Law Group will answer all your questions and review the facts of your case with a FREE consultation.
Get in touch today to get the fairest compensation for your damage.
1-800-870-8910