By: Andrew Nash, Personal Injury Lawyer
Gallon, Takacs & Boissoneault
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana
After a car accident, many injured drivers worry about more than just the damage to their vehicle or the pain they are feeling. They also start thinking about their past.
“Will my old speeding ticket hurt my case?”
“What if I had a prior accident years ago?”
“Can the insurance company use my driving history against me?”
These concerns are common and understandable. What you need to remember is that, at the end of the day, it is the facts of the case and what you can prove that matter, not your prior record.
“Many injured drivers worry that an old speeding ticket or prior accident will automatically ruin their case. In reality, what matters most is the evidence surrounding the actual crash and the connection between the accident and the injuries.” – Andrew J. Nash, Personal Injury Attorney, Gallon, Takacs & Boissoneault
In most car accident claims, your driving record does not automatically determine whether you can recover compensation. What matters most is who caused the crash, what evidence exists, and what injuries resulted from the accident.
Insurance companies aggressively investigate claims. What they are really doing is looking for a way to reduce value. But just because you have a prior driving history does not automatically defeat a claim.
The key issues remain:
- Who caused the crash;
- What evidence exists, and
- What injuries resulted?
Why Insurance Companies Look at Driving History
The goal of the insurance company is to pay you less or, if they can, nothing at all.
They are trained to look for things like prior speeding tickets, prior at-fault accidents, prior license suspensions, reckless operation citations, DUI/OVI history, and other traffic-related violations. Most of this information is public record that insurance companies have access to.
They use this information in an attempt to suggest that you were negligent, attack your credibility, suggest a “pattern” of behavior, pressure for lower settlements, and create leverage during negotiations.
That does not mean the insurance company is right. It also does not mean your claim is over.
It means they are looking for arguments they can use. An experienced personal injury attorney can help separate what actually matters from what the insurance company is trying to use against you.
Does an Old Ticket Automatically Hurt Your Car Accident Claim?
No. An old speeding ticket or prior traffic citation does not automatically ruin your car accident claim.
Insurance companies may try to bring up your driving history, but the central question is still what happened in the crash that caused your injuries. A prior ticket does not prove that you caused this accident. It also does not prove that the other driver was careful, responsible, or free from fault.
For example, if another driver ran a red light and hit you, the evidence from that intersection matters more than the fact that you had a speeding ticket three years ago. The police report, witness statements, vehicle damage, photos, video footage, and medical records are all more directly connected to your claim.
The facts of the crash matter most.
What Actually Matters in a Car Accident Claim?
1. Evidence of How the Crash Happened
Police reports, witness statements, dash cam footage, photos, vehicle damage, crash scene evidence, and accident reconstruction are all forms of evidence that can help establish your claim.
This is why contacting the police is the first thing you should do after being involved in an accident. By doing so, you are creating a record of the incident and ensuring that what happened is documented by the authorities. Often, the police will gather this information and include it in their report.
Evidence is important because it helps show what actually happened, not what the insurance company wants to suggest happened.
2. Proof of Fault of the Other Driver
For example, a witness may have seen the other driver blow through a red light and strike your car. The police might issue a citation. A video camera might have captured the incident. An accident reconstruction may show how the accident occurred.
Establishing fault requires evidence. That evidence is best gathered by police immediately following the accident. However, even if there is no police report, evidence can certainly be gathered later. There is often more evidence that comes to light as your case progresses.
This is especially important when an insurance company tries to shift blame or suggest that your driving history says something about what happened. Evidence from the actual crash is what helps answer that question.
3. Medical Evidence and Causation
There are two issues at play in your accident claim: liability and damages. Liability is the “fault” aspect of the claim. Damages are your injuries. This includes medical expenses, lost wages, pain and suffering, and other injury-related claims.
Like liability, damages require supporting evidence. If you are injured in a crash, the best way to begin establishing evidence of your damages is to follow up with a medical provider as soon as you can after an accident. The medical provider will make a record of your injuries.
Insurance companies focus heavily on causation, meaning whether the incident caused your injuries. The insurance companies will look for treatment gaps, pre-existing conditions, and objective findings in medical records to determine what they consider “related.”
This is why it is important to establish a treatment history immediately following the crash. Follow the instructions of any treating provider for follow-up appointments, medication, and treatment.
How Fault Can Affect a Car Accident Claim
Fault matters in a car accident claim. Insurance companies look at who caused the crash and whether more than one person may share responsibility.
This is why evidence from the accident itself is so important. If the insurance company can argue that you were partly at fault, it may try to reduce the value of your claim. That argument should be based on the facts of the crash, not simply on an old ticket or prior accident history.
In Ohio and Michigan, fault can affect how an injury claim is evaluated. That is why it is important to understand the difference between something in your past and actual evidence from the crash.
Your driving record may be something the insurance company looks at, but it is not the same thing as proof that you caused the collision.
The stronger your evidence is, the harder it is for the insurance company to distract from what actually happened.
Prior Accidents vs. Prior Injuries
Being involved in a prior accident does not mean you have prior injuries.
Some automobile accidents result in very little injury or no injury at all. However, insurance companies will always try to suggest that because you were in a prior accident, you must have prior injuries, and therefore, the injuries you are complaining of now are not actually related.
This is not true.
While your prior medical history will be scrutinized, having a prior or pre-existing injury does not mean you cannot be compensated. In Ohio and Michigan personal injury claims, an accident that aggravates a pre-existing condition may still be part of your claim.
If you have a pre-existing condition that is made worse by an accident, it is even more important to follow up with your treating provider and tell them about the accident. That way, the medical provider can make a record of the new or aggravated injuries and can even differentiate between your pre-existing injuries and the new or aggravated injuries.
Like a prior driving history, a prior medical history does not prevent recovery.
Can Prior Traffic Tickets Be Used in Court?
Sometimes, but not always.
Not every prior ticket you’ve had is admissible. The ticket must be relevant and connected to the issues in the case. Courts focus heavily on evidence related to the crash itself. In many cases, your prior tickets will not be admissible and will not be used against you.
Even if a prior traffic ticket is admissible, it does not automatically prove that you were at fault. It is also not proof that the other driver acted without negligence.
This is another reason it is important not to panic if the insurance company brings up your record. Insurance companies may use certain information during negotiations in ways that sound intimidating, but that does not mean the information would control the outcome of your case.
Common Insurance Company Tactics After a Crash
Following a crash, you are likely to be contacted by the at-fault driver’s insurance company. If you are, the best thing you can do is contact an attorney immediately for representation.
Remember, the insurance company’s ultimate goal is to pay you as little as possible or nothing at all. If you are not represented by an attorney, you may fall victim to their tactics.
Some tactics include:
- Requesting a recorded statement. They do this to try to pin you down on liability and damages.
- Reviewing your social media. Don’t ever post about your accident on social media.
- Searching prior claims history.
- Scrutinizing your medical records.
- Minimizing treatment. They will try to emphasize gaps in treatment, the type of treatment you receive, the length of treatment, and other issues.
- Arguing pre-existing conditions and “degenerative changes.”
These tactics are common because insurance companies are looking for ways to question fault, question causation, or reduce the value of your claim.
That is why what you do after a crash matters.
Common Mistakes That Can Hurt Your Case
One common mistake is giving a recorded statement before speaking with an attorney. Insurance adjusters may ask questions about your driving history, medical history, prior claims, or how the crash happened. Your answers may later be used to challenge your claim.
Another mistake is delaying medical treatment. If you wait too long to get checked out, the insurance company may argue that your injuries were not caused by the crash or were not as serious as you claim.
Posting on social media can also hurt your case. Even posts that seem harmless may be taken out of context. Comments about the crash, photos, check-ins, or activity updates can all become part of the insurance company’s review.
The safest approach is to document what happened, get medical care, follow your treatment plan, and speak with an attorney before dealing directly with the insurance company.
What Should You Do After a Crash If You Have a Prior Driving Record?
If you were injured in a car accident and have an old ticket, prior accident, or past driving issue, do not assume it will destroy your claim. What you do after the crash matters more than trying to explain your past to the insurance company on your own.
Following an accident, you should:
• Call the police.
• Seek medical treatment for injuries as soon as possible.
• Call an attorney.
• Be truthful about your prior medical history and prior driving history.
• Continue medical treatment and follow your provider’s instructions.
• Don’t assume an old ticket will destroy your case.
• Speak with your attorney before giving any statements to insurance companies.
You do not need to hide your prior driving history or prior medical history from your attorney. In fact, being honest helps your attorney prepare for the arguments the insurance company may try to make.
The more your attorney knows, the better they can protect your claim, explain what matters, and push back if the insurance company tries to use unrelated history against you.
FAQs About Driving Records and Car Accident Claims
Can an old speeding ticket hurt my car accident claim?
An old speeding ticket does not automatically hurt your car accident claim. What matters most is the evidence from the actual crash, including who caused the accident, what injuries resulted, and whether those injuries can be connected to the collision.
Can the insurance company look at my driving history?
Yes, insurance companies may look at your driving history. They may review prior speeding tickets, prior at-fault accidents, prior suspensions, reckless operation citations, DUI/OVI history, and other traffic-related violations. However, looking at your history does not mean they can automatically use it to defeat your claim.
Does a prior accident mean I had prior injuries?
No. Being involved in a prior accident does not automatically mean you had prior injuries. Some accidents cause little or no injury. Insurance companies may try to suggest that a prior accident explains your current symptoms, but medical records and treatment history can help show what injuries were caused or aggravated by the new crash.
Can I recover compensation if a crash aggravated a pre-existing condition?
Yes. If an accident made an existing injury or condition worse, that may still be part of your injury claim. Medical documentation can help show the difference between your prior condition and the new or aggravated injury.
Should I give a recorded statement to the insurance company?
You should speak with an attorney before giving a recorded statement to the insurance company. Recorded statements can be used to question liability, damages, prior injuries, treatment history, or other parts of your claim.
What matters most in a car accident claim?
The most important issues in a car accident claim are who caused the crash, what evidence exists, and what injuries resulted. Your driving record may be reviewed, but the facts of the crash and the connection between the accident and your injuries matter most.
Talk to a Car Accident Lawyer About What Really Matters After a Crash
If you were injured in a car accident, an old ticket, prior accident, or past medical issue does not automatically defeat your claim. What matters most is the evidence from the crash, who caused the accident, and how your injuries are documented.
Before you speak with the insurance company, talk with a car accident lawyer who can help you understand what matters, what does not, and how to protect your claim.
At Gallon, Takacs & Boissoneault, our personal injury lawyers help injured drivers respond to insurance company tactics, protect their rights, and move forward with confidence after a crash.
Serving Clients Across Northwest Ohio, Southeast Michigan, and Northeast Indiana.
Call us. We can help.
