Could an Old Crash You Were Involved in Affect Your Claim?
When you get injured in a crash and seek compensation from an insurance company, they may look for ways to attack your credibility. They are looking for any reason they can use to deny or at least devalue your claim. They want to pay nothing or pay as little as possible for your damages.
One argument the insurance company may use to attack your credibility is that you are a reckless driver. For example, if they find out about an old collision you were involved in, particularly one where you were found to be at fault, they may use this against you. They may say you are at fault for the new crash because of what happened in the old crash.
If the insurance company is attempting to use your driving record against you, contact TSR Injury Law today. We are prepared to guide you through the legal process, with the goal of securing maximum compensation.
Our Minneapolis car accident attorneys have taken on many insurance companies over the years, in settlement negotiations and in court. We have secured more than $1 billion on behalf of our clients.
How Insurers Try to Use Old Crashes Against Victims
Below, we discuss a few of the arguments insurance companies may make related to your driving history or an old crash you were involved in. Despite how convincing these arguments might sound when made by the insurance company, they often do not hold up when victims are represented by an experienced lawyer.
Claiming You are a Reckless Driver
If you were involved in a crash in the past, the insurance company may claim this proves you are a reckless driver, especially if you were the one at fault for the collision. They may say you have a pattern of behavior, and this proves you are at fault for the most recent crash.
This amounts to an attack on your credibility. The insurance company may say you have been a dangerous driver in the past, so it is harder to believe you were not at fault for the recent crash. The insurance company’s argument may be stronger if the old crash is the same type of crash as the new one. For example, if both crashes are rear-end crashes.
This argument might be appealing to a jury. However, even if the case does not make it to trial, the victim might believe the insurance company. For some reason, crash victims often apologize for a crash, even if they were not at fault. Victims may assume insurance companies know what they are talking about.
The truth of the matter is that an old crash has zero bearing on a crash that happens later. Each car crash needs to be assessed on its own. You may have been at fault for an old crash, but that does not automatically mean you are at fault for the new one.
You also cannot trust what insurance companies tell you after a crash. They are looking for any way to deny or underpay your claim.
Claiming You Have a Preexisting Injury
Insurance companies routinely claim victims who are seeking compensation have a preexisting condition. They say you did not suffer an injury in the most recent crash but suffered one previously. If you were involved in a collision in the past, the insurance company may say this is the cause of the injury you are claiming after this latest crash.
What is important to remember is that having a preexisting injury does not preclude you from receiving compensation for a new injury. You may have been more likely to suffer a new injury because you were already injured.
Your lawyer can help you build a strong case for compensation for your new injury or even aggravation of an existing injury. Make sure to inform your doctors and your lawyer about the old injury and any worsening symptoms.
Claiming You Are Just Trying to Make Money
The underlying argument behind a lot of what insurance companies say to crash victims is that victims are not injured, or their injuries are not that serious. The insurance company may say you are just being greedy, and you are trying to get money for a non-existent injury, or you are trying to inflate the value of your claim when your injury is not severe. Insurers may be even more likely to make this argument if you suffered a soft-tissue injury, such as whiplash – insurance companies routinely downplay the severity of soft-tissue injuries.
Insurers may say the fact you have filed other claims indicates you are always looking for a way to make money.
Call TSR Injury Law
Have questions about the legal process or the value of your claim?
Call today to learn if you may have a valid case. You can schedule an initial consultation with an experienced attorney at no charge. If we find you have a case and you decide to hire our firm, there are no upfront fees or costs for you to pay.
Call TSR Injury Law. We are ready to help you. (612) TSR-TIME