After a car wreck, your first concern is likely your health, your vehicle, and how you’ll cover the costs. But as you move forward with an insurance claim, you may wonder: Does my driving record affect my settlement?
In most cases, your past driving history shouldn’t impact your right to compensation, especially if the other driver was clearly at fault. But insurance companies don’t always play fair. They may try to use past traffic violations against you to reduce what they owe. That’s why it’s so important to have an experienced Knoxville car accident lawyer on your side.
Can an insurance company use a poor driving record against you?
Tennessee uses a modified comparative negligence rule. That means each driver involved in a wreck is assigned a percentage of fault. If you’re found to be 50% or more at fault, you can’t recover any damages. If you’re less than 50% at fault, your compensation is reduced by that percentage.
Insurance adjusters may try to use your past driving record to argue that you were partially responsible, even if you weren’t. For example, if you’ve had previous speeding tickets, they might claim you were likely speeding during the wreck, even without clear evidence.
So, let’s say you’re awarded $100,000 in damages, but the insurance company convinces the court you were 20% at fault based on your driving history. Your compensation would be reduced by $20,000, leaving you with $80,000.
Experienced car accident lawyers can push back on unfair assumptions and ensure that only facts, not your past, determine the outcome of your claim.
What factors actually affect your insurance settlement?
While your driving record shouldn’t play a major role, several legitimate factors influence how much compensation you receive:
The severity of your injuries
Insurance companies will look at how serious your injuries are and how much they’ve disrupted your life. This affects how much they’re willing to pay for medical care, lost wages, and pain and suffering.
Your lawyer may collect:
- Ambulance and medical bills
- Receipts for out-of-pocket medical costs
- Records of follow-up care or rehabilitation
- Photos of injuries or property damage
Property damage and repair costs
The cost to repair or replace your vehicle also factors into your claim. Keep records of:
- Repair estimates or quotes
- Rental car expenses
- Towing or storage fees
- Any personal items damaged in the wreck
The other driver’s insurance limits
Tennessee law requires drivers to carry minimum insurance coverage:
- $25,000 for injury per person
- $50,000 for injury per wreck
- $25,000 for property damage
If your damages exceed these limits, the insurance company may only pay up to the policy maximum. In those cases, your lawyer can help you explore other options, like filing a lawsuit directly against the at-fault driver to recover the remaining costs.
Why you should speak to a car accident lawyer
Even if your traffic infraction record isn’t perfect, that shouldn’t stop you from filing a claim and getting fair compensation. But insurance companies may try to use it against you, and that’s where legal guidance becomes critical.
A Knoxville car accident lawyer from Hotz & Associates, P.C. can help by:
- Gathering evidence to prove who was truly at fault
- Challenging unfair claims based on your past record
- Calculating the full value of your damages
- Negotiating directly with the insurance company
- Filing a lawsuit, if necessary, to secure the compensation you deserve
We know how to navigate Tennessee’s comparative negligence laws and push back when insurers try to reduce or deny your claim.
Talk to a Knoxville car accident lawyer today
Your past doesn’t define your right to fair compensation after a wreck. If you’ve been injured and are worried about how your driving history might impact your case, don’t wait to get help. The team at Hotz & Associates, P.C. is here to listen, support you, and fight for what you’re owed.
Call us today at (865) 582-0042 or contact us online to schedule your free consultation.