The aftermath of a car accident can be overwhelming, leaving you with physical injuries, emotional distress, and significant financial burdens. While navigating medical care and repairs is crucial, securing fair compensation for your losses is equally important. This is where understanding how your driving record can impact your California car accident claim becomes essential.
Anand Desai Law Firm understands the complexities of California car accident law. We strive to help each and every client understand the full scope of their car accident case and the things that may affect their claim. Learn more about how your driving record can impact your California accident claim.
California’s Fault System and Shared Liability
California follows a fault based car insurance system. This means that the driver who caused the accident is financially responsible for the damages of any other drivers involved.This could include injuries, loss of income, property damage, and even emotional damages.
However, California also adheres to a comparative negligence system. This means that the percentage of fault assigned to each party determines their share of compensation. California does not cap the amount of fault at 50%, as is the case in modified comparative negligence states.State courts allow injured parties to collect damages even if they are 99% at fault for an accident.
Negligence is determined a little bit differently from state to state, so what does this look like in our home state of California? To truly understand out modified comparative negligence system, you have to know what a pure contributory negligence system is and how it differs from ours.
Pure Contributory Negligence: If you are found to be 100% at fault for the accident, you are not entitled to any compensation from the other driver’s insurance company.
Modified Comparative Negligence: California follows a modified comparative negligence system. This means you can still recover compensation even if you are partially at fault for the accident, as long as your percentage of fault is less than 50%. However, your compensation will be reduced by your percentage of fault. (For example, if you are found to be 20% at fault for a $10,000 accident, you would be entitled to $8,000 in compensation).
How Your Driving Record Can Be Used Against You
Insurance companies are in the business of padding their own wallets, even if that means minimizing payouts that their clients deserve. It is not uncommon for insurance companies to scrutinize your driving record to see if it can be used to argue that your past behavior contributed to the accident. This tactic is meant to reduce their liability or potentially deny your claim altogether.
While it is not strictly legal to use your past driving record as a reason to deny a claim, there are other ways that they can use your driving record against you, including:
- Traffic Violations: Moving violations like speeding, reckless driving, running red lights, or stop signs can be used to depict a pattern of negligent driving.
- DUI/DWI Convictions: A DUI/DWI conviction on your record significantly weakens your claim and can even lead to criminal charges if the accident involved alcohol or drug impairment.
- Frequent Accidents: A history of past accidents, especially if you were found at fault, can suggest a propensity for reckless driving.
- Driving License Suspensions or Revocations: A suspended or revoked license indicates a disregard for traffic laws and could raise questions about your fitness to operate a vehicle.
Strategies to Mitigate the Impact of Your Driving Record
While a less-than-perfect driving record presents challenges, there are steps you can take to minimize its impact on your claim. You cannot change your driving history, but you can mitigate the consequences of that record.
- Gather Evidence Supporting Your Case: Focus on collecting evidence that demonstrates the other driver’s fault. This may include police reports, witness statements, dashcam footage, or traffic camera recordings.
- Be Honest About Your Driving Record: Don’t attempt to hide past violations from your attorney. Transparency is key. Your lawyer can strategize on how to address any potential issues.
- Highlight Mitigating Factors: If there were extenuating circumstances surrounding a past violation, explain them to your attorney. There is a possibility that they can argue these points in a settlement negotiation or in court.
- Demonstrate a Change in Behavior: If a past violation occurred a long time ago, and you’ve maintained a clean driving record since, this can show a positive change in your driving habits.
The Importance of an Experienced Car Accident Attorney
Don’t go into the fight alone. Finding the right attorney to represent you can make or break any case. Navigating the complexities of California car accident law, especially if your driving record is being used against you, is best done with the guidance of an experienced car accident attorney.
Our attorneys have a thorough understanding of California’s car accident laws and the nuances of shared liability because of our decades of combined experience with cases just like yours. We will conduct a thorough investigation to gather all the evidence necessary to support your claim and address potential concerns regarding your driving record.
Our team of skilled negotiators are adept at communicating the strength of your case and fighting for the maximum compensation you deserve, regardless of your driving record. You should not be held responsible for mistakes you made in the past that have nothing to do with this accident and we will represent you accordingly.
Anand Desai Law Firm: Committed to Fighting for Your Rights
At Anand Desai Law Firm, we understand the high levels of stress and financial hardship that come with a car accident. We are dedicated to protecting the rights of California car accident victims and getting you the compensation you deserve.
Give us a call today or visit us online to speak to an attorney about your rights.