Will You Lose Your Buffalo Car Accident Case if You Have a Poor Driving History?

When you get into a car accident in Buffalo, you’re probably going to insist the other driver was at fault. Our natural instinct is to think we are the innocent party. There may be a small part of you that thinks you could’ve reacted better. But, overall, you’re confident the other driver caused the accident.

The problem is, most people think this way. The other driver isn’t going to admit that they were at fault. This would be foolish. If they did that, they would jeopardize their chances of winning their car accident lawsuit. Plus, they don’t want to get in trouble with the police.

When the police come to the scene, they’re going to try to assess the situation. They’ll try to figure out what happened and who is at fault. Part of this will be their taking a statement from each of the drivers. They’re also going to look at the damage, the road conditions and any other information available.

It won’t be until you submit your car accident claim that you’ll have to worry about your past driving history. If you have a bad driving history, there is a chance that the insurance company will hold you responsible. Your Buffalo car accident lawyer will have to submit evidence to prove that the other driver was indeed, at fault.

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The Insurance Company Will Pull a Driving Abstract

If you’re ever involved in a car wreck, a few things are going to happen. The insurance adjustor is going to look at the police report. They’ll want to see what the officer’s investigation revealed. Sometimes, the report is rather clear cut. It may show that one driver was definitely at fault. There could’ve been witnesses who tell the police that one of the drivers was liable. 

In addition to the police report, the adjustor is going to look at your driving history. Most people get into an accident at some point in their lives. They may also have a couple of tickets. If the insurance company sees a ton of infractions or accidents on your abstract, it can hurt your claim. They’re not going to pay out your claim if they think you are a terrible driver. This may not seem fair, but the best predictor of future behavior is past behavior.

The Defendant’s Lawyer Will Certainly Look at Your Driving History

If it gets to the point where you have to file a lawsuit, expect the defendant’s attorney to review your driving history. They may actually do more than just pull an abstract. They can review the court records to see if you have a history of suing people. This could include car accident lawsuits in Buffalo and other personal injury cases. If they think you make it a practice to sue people, they’re going to fight your claim.

This is where your Buffalo car accident lawyer can help. Even if you have a bad driving history, your lawyer can prove that, in this case, you were the innocent party. They can also investigate the defendant’s driving history. It may not be any better than yours. This can make the difference in getting your claim paid or denied.

Contact an Experienced Car Accident Attorney in New York

If you’re involved in a car accident, you’re going to need a car accident lawyer in New York. This is especially true if you have a bad driving record. You can’t hide public records. Neither can your Buffalo accident lawyer. If you’ve received traffic tickets, it’s going to show. If you have sued other people in car accident lawsuits, there will be a court record. The same is true for insurance claims. Lawyers are able to check to see how many times you’ve file auto insurance claims.

If this happens to you, then you’ll need a good car accident lawyer. They can try to negotiate a settlement with the insurance adjustor. They can also try to mitigate any damages when it comes to your driving history. 

Call today and schedule your free initial consultation. Sit down with a lawyer who honestly let you know what may happen in your case. They won’t sugarcoat it and will let you know what your odds of winning are. The defendant will have a lawyer working for them and you should too. The consultation is free and you pay nothing until you settle your case. 

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