Understanding how your driving history influences your compensation
While many focus solely on the specifics of their current accident, it’s essential to recognize that your driving history can significantly influence the outcome of your claim. Understanding how past traffic violations, accidents, and license suspensions affect insurance decisions, legal outcomes, and settlement values is crucial when navigating the aftermath of a collision. Insurance companies actively search for evidence that can be used against accident victims, and your driving record is one of their first stops during investigation.
Were You or Someone You Know Affected
What’s Included in a Driving Record?
Understanding what insurers and attorneys examine can help you prepare your case. Your driving record typically contains:
Speeding tickets: Even minor infractions can establish patterns of behavior that may work against you.
DUI/DWI convictions: These serious violations significantly impact how insurers and courts view your responsibility as a driver.
At-fault accidents: Previous collisions where you were deemed responsible create a concerning history.
License suspensions or revocations: These indicate serious violations that may suggest negligent driving habits.
Points on your license: The accumulation of points represents repeated violations of traffic laws.
Insurance claims history: Multiple claims can suggest higher risk behavior behind the wheel.
How Insurance Companies Use Driving Records
Insurance companies don’t want to pay claims and will investigate accidents searching for evidence to use against you. Your driving history becomes a powerful leverage tool during their claims processing:
Liability Disputes: Insurers may use your history of traffic citations to shift blame away from their policyholder and onto you. Even if the current accident wasn’t your fault, they’ll scrutinize past violations to establish patterns of careless driving behavior.
Credibility Attacks: Insurance adjusters can discredit you as a reliable witness if they discover your record shows traffic citations involving serious violations, particularly those involving criminal acts like driving under the influence. This undermines your entire testimony about how the accident occurred.
Pre-existing Condition Arguments: The adjuster will review your medical records alongside your accident history to determine if your current injury existed before the collision. You cannot hold another driver financially responsible for pre-existing injuries, though you can pursue compensation if the accident aggravated a previous condition. Medical documentation is crucial to establish the difference between your condition before and after the recent accident.
Note: Insurance companies invest significant resources in finding ways to minimize payouts, making your driving record a prime target in their investigation.
Legal Admissibility of Your Driving Record
State Law Variations
Different states have different rules about using driving history as evidence. For example, Ohio Rules of Evidence (Rule 404) specifically states that “evidence of any other crime, wrong, or act is not admissible to prove a person’s character in order to show that on a particular occasion the person acted in accordance with the character.” This means your prior driving record generally shouldn’t be used to claim you were driving negligently in your current accident.
When Records Might Be Admitted
Despite protective rules, there are exceptions that allow driving records into evidence. Records may be admissible for “proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident.” Defense attorneys may also use your record to impeach your testimony if you claim to have a clean driving history when you don’t. Additionally, in cases involving employer liability, a driver’s history may be relevant to claims of negligent hiring or supervision.
Comparative Negligence Impact
Your driving record could influence fault determination under comparative negligence laws. If assigned a portion of blame, your compensation may be reduced by your percentage of fault—potentially using your driving history as supporting evidence for this determination. For example, if you’re found 30% at fault, your recoverable damages would be reduced by 30%. Insurance companies know this and will leverage it during negotiations.
Were You or Someone You Know Affected
Does a Clean Driving Record Help?
Absolutely. A spotless driving history provides significant advantages:
It strengthens your credibility in a claim or court case, making your version of events more believable.
A clean record makes it easier to prove that the current accident was out of character rather than part of a pattern.
Insurance companies typically process claims faster and offer fairer settlements to drivers with clean records.
Pro Tip: A clean record can even support pain and suffering claims by reinforcing you as a responsible driver who rarely experiences accident
How a Bad Driving Record Can Still Be Defended
Past mistakes don’t automatically ruin your case. Several strategies can help mitigate a problematic driving history:
Legal Representation Matters: Attorneys can argue relevance—prior infractions may not be related to the current incident or may be too distant in time to be relevant.
Mitigating Factors: Proof of driver rehabilitation, defensive driving courses, or long periods without infractions can help demonstrate positive change.
Focus on Current Facts: Eyewitnesses, dashcam footage, and expert testimony can counter any assumptions based on your record and refocus attention on the actual circumstances of the accident.
A bad record doesn’t mean you’re to blame. Contact a legal team that can defend your rights and tell your side of the story effectively.
How to Improve Your Driving Record and Claim Credibility
Taking proactive steps can strengthen your position even after an accident:
Complete a defensive driving course, which in many states can remove certain violations from your record. Most states allow taking a defensive driving course once annually to remove eligible traffic violations.
Check your driving record for inaccuracies by requesting a copy from your state’s DMV, as errors might exist that could be corrected through proper documentation. Many states maintain driving records for three years, so older violations may naturally disappear over time.
Consult with an experienced car accident attorney who can help mitigate the negative effects of your driving record by gathering strong evidence about the current accident. An attorney can combat allegations suggesting you’re partially at fault based on your driving history.
Review your state’s specific rules through the Official USA gov Motor Vehicle Services to understand exactly what appears on your record and for how long. For example, in Texas, the Department of Public Safety maintains driving histories for three years.
(FAQ) Frequently Asked Questions
Can my previous speeding tickets be used in a current accident case?
It depends on your state’s rules of evidence. In states like Ohio, evidence of prior bad acts (like speeding tickets) is generally not admissible to prove you acted similarly in the current accident. However, exceptions exist and defense attorneys often try to find ways to introduce such evidence despite restrictions.
How can I get violations removed from my driving record?
Most states allow you to take a defensive driving course once annually to remove eligible violations. The court will check your record first to verify eligibility, and if you’ve already taken such a course within the past year, you may not qualify for another removal.
Can I still get compensation if I have a bad driving record?
Yes, a poor driving record does not prevent you from recovering compensation for an accident that wasn’t your fault. However, the insurance company may use your record to negotiate lower settlement offers or assign partial blame to you. An experienced attorney can help combat these tactics by focusing on the specific evidence of the current accident.
How long does information stay on my driving record?
This varies by state. For example, in Texas, the Department of Public Safety maintains driving histories for three years. More serious violations like DUIs may remain longer in many states.
If the accident aggravated a previous injury from an earlier accident, can I still claim compensation?
Yes. While you cannot hold another driver responsible for pre-existing injuries, you can pursue compensation if the current accident aggravated or worsened a previous condition. Medical documentation will be crucial to establish the difference between your condition before and after the recent accident.
Contact Ramos Law
If you’re dealing with a car accident and worried about how your driving history may affect your claim, call our experienced legal team today for a free case evaluation.
