Posted in Car Accident on October 24, 2022
Your auto accident history, even ones where you were at fault, shouldn’t penalize you if you’ve been injured in another accident, one that wasn’t your fault. However, the at-fault party’s insurance company will try to use all prior accidents and your driving history against you in an attempt to lower your settlement. But a skilled attorney won’t let them get away with that tactic.
Luckily, the Denver car accident lawyers with Zaner Harden Law have the experience and determination to counter and defeat such unfair tactics. If you were injured in an auto accident and you fear that the insurance company will use your history against you, contact Zaner Harden Law today by calling (720) 613-9706 to schedule your free consultation.
In the meantime, continue reading to learn more about how the at-fault motorist’s insurance company will try to undermine your case.
If you’ve been injured in a car accident, you might be eligible to receive compensation for those damages, however, the at-fault driver’s insurance company will do whatever possible to deny your claim or issue you as little money as possible. To do that, their team will gather every piece of information on you to make you seem less credible and might even allege that you were at fault.
Here’s a closer look at some of the information they will collect either through discovery or by their own independent research such as looking at your social media or even hiring a private investigator.
Although your driving record is important to prove that you were a licensed driver at the time of the accident, the insurer will scour your record for any accidents for which you were at fault, especially if your at-fault accident injured another person or caused property damage.
The insurer will ask for the production of your business records in discovery in an effort to prove that you had a pre-existing injury and weren’t injured in the accident, you’re simply trying to wrongfully collect money.
If you were previously involved in a personal injury lawsuit, the insurer will know that, too. They will likely also ask for the settlement documents or verdict if they aren’t public record. Although this shouldn’t have any relevance or impact on your current claim, they will use anything and everything against you in an effort to reduce your claim.
Here are some of the ways the at-fault driver’s insurance company might try to use the above information to damage your case.
The insurer will use your driving record and accident history to argue that you’re a careless or reckless driver and that you caused or contributed to this accident –it’s one of the oldest tricks in the book.
It’s understandable that you might be hesitant to file a claim because you have an imperfect driving history, but you shouldn’t be. Instead, you should call a Denver car accident lawyer who can help you explore your options because your driving record shouldn’t be a deterrent to collecting what you’re rightfully due.
The insurer will look at your injuries and argue that they’re not the result of this accident, but rather they’re old injuries. Although the existence of a prior injury doesn’t preclude you from seeking damages against the at-fault driver of your accident, you’ll want a knowledgeable and experienced attorney who has a network of medical experts who can prove that the new or worsened pain you’re experiencing is a result of the accident, not any prior injury.
The insurance company will use the knowledge of other lawsuits you’ve been involved with, especially those where you were the plaintiff, to insinuate that the damages owed to you based on this current claim should be reduced because you’ve been previously compensated, or that you’re taking advantage of the legal system by filing multiple lawsuits for your own personal gain, even if you’re not injured.
Although this argument might not seem logical, that won’t prevent the insurer from at least trying to make that argument. A strong lawyer will easily defeat that weak argument and will prove that you were hurt due to the at-fault driver’s negligence.
The experienced Denver car accident lawyers and the team at Zaner Harden Law have seen and defeated just about every insurance company tactic there is. Don’t let your fear of your driving history or prior accidents prevent you from taking appropriate and necessary protection to collect the damages you deserve–we’ll guide you through your options and will help you move forward with confidence.
Contact us online or call (720) 613-9706 to schedule your free consultation.