When you’re involved in a vehicle accident and want to claim compensation for the injuries, the defendant’s insurance company may try to use the past against you. While this is not the case with all vehicle accidents, your driving history, including small-scale accidents, can be used by the other driver’s insurance company as proof against you. One of our Los Angeles personal injury lawyers can help you if you are having trouble negotiating with the insurance company.
The driving history’s impact in assessing the claim
More often than not, negotiating with the other party’s insurance company
will not be a straightforward process. The insurer will sometimes try to minimize the claim and, if possible, find out if you were involved in prior vehicle accidents. If this is the case, they may argue that you are also to blame for the accident. This is based on California’s comparative negligence rule according to which the plaintiff will lose a percentage of the settlement equal to his or her fault for the accident.
The insurer will try to hold against you any past vehicle accidents in order to question your credibility and minimize your claim. The data about previous accidents is not a matter of private record and they find out if you were involved in a car crash and if you file for other compensations.
Insurance company negotiation in Los Angeles
Digging up past vehicle accidents
will not be the insurance company’s only strategy to minimize your claim. The insurer will also conduct his own assessment of your injuries and may claim that you are in fact demanding compensation for preexisting injuries. Having good evidence, like the medical bills and history can help you make a counter-claim.