Can My Driving Record Be Used Against Me if I File a Car Accident Claim?
Oklahoma follows comparative negligence doctrine when determining who is eligible for compensation after accidents and injuries. That means you can get money for your medical bills, lost wages, and pain and suffering as long as you are 50% or less at fault for a car accident.
However, the facts of the crash alone aren’t always the only factors considered when awarding compensation, whether during negotiation or at trial. Insurance companies, judges, and juries consider other factors, too, including injured motorists’ driving records.
If you’re pursuing compensation after a crash, here’s how your driving record could potentially be used against you.
The Insurance Company May Unfairly Increase Your Percentage of Fault
Establishing fault in car accidents isn’t always an exact science. Except in cases where it’s obvious that one driver is 100% at fault (i.e., a driver crashing into the back of a vehicle stopped at a red light), dividing fault between two or more drivers is often subjective and up for interpretation and debate.
Unfortunately, having a poor driving record could make your or the other driver’s insurance company more likely to assign you fault for a crash. This is especially common when it’s difficult to determine who is primarily responsible for an accident. If you have a history of accidents or traffic violations and the other driver doesn’t, you may receive the majority of blame for the crash.
You May Be Offered Less Money in a Settlement
In addition to having your potential compensation reduced by having your level of fault unfairly increased, you also may be offered less money overall by the insurance company. As with determining fault, the amount of money insurance companies initially offer injured crash victims is often subjective and doesn’t always consider their overall expenses.
Insurance companies are always looking for ways to reduce or deny claims, and a poor driving record can give them an excuse to offer you as little money as possible—even if you’re eligible for compensation based on fault.
It Could Affect a Jury Verdict if Your Case Goes to Court
Most car accident claims in Oklahoma settle long before they end up in a courtroom before a judge and jury. However, if the insurance company refuses to pay a fair settlement, going to court is the last and best option for getting the compensation you deserve. During a trial, evidence is presented from both sides, and that may include your driving record.
Even if your driving record has nothing to do with the accident that you’re seeking compensation for, it could still affect the jury’s decision and the amount of money you’re awarded. If the judge and jury believe you’re a dangerous driver, you may receive less money—even if they think you’re not the majority at fault for the crash at hand.
What Shows Up on a Driving Record in Oklahoma and For How Long?
Driving records for Oklahoma drivers contain a lot of information and can be accessed by insurance companies, employers, and law enforcement agencies. If your driving record is pulled, it may contain the following information:
- License Status: Current status of your driver’s license (valid, suspended, revoked, etc.).
- Traffic Violations: Any moving violations, such as speeding tickets, running red lights, and other traffic infractions. Minor traffic violations generally stay on your driving record for three years from the date of conviction.
- Accidents: Details of any traffic accidents you have been involved in, including the date and location of the accident. Information about accidents usually stays on your record for three years.
- Points: The points assigned to your record for various traffic violations. Oklahoma uses a point system to track driving behavior. Points from traffic violations typically remain on your record for five years from the date of conviction.
- DUI/DWI: Any convictions for driving under the influence (DUI) or driving while intoxicated (DWI). Convictions for driving under the influence (DUI) or driving while intoxicated (DWI) remain on your driving record for ten years.
- License Actions: Any administrative actions taken against your license, such as suspensions, revocations, or reinstatements. These typically stay on your record for three years after the suspension or revocation period ends.
- Completion of Driver Improvement Programs: Records of any completed driver education or improvement courses, if applicable.
- Court Orders: Any court-ordered restrictions or conditions related to your driving privileges.
Some serious offenses, such as vehicular manslaughter, may stay on your record permanently. It’s important to note that while this information may drop off your public driving record after a certain period, it may still be accessible to certain entities, such as law enforcement or the courts, for a longer period or indefinitely.
Let Our Oklahoma City Auto Accident Lawyers Protect Your Rights
After a crash, the only things that should matter concerning who gets compensation are who was at fault in this specific accident. Unfortunately, driving records often have an influence in determining who was at fault and, thus, who is eligible for compensation and how much.
At Parrish DeVaughn Injury Lawyers, we can help you in three important ways.
- First, we can ensure your level of fault, if any, is fairly assigned after a crash.
- Second, we can protect your rights to compensation if the insurance company decides to use your previous driving record against you.
- Finally, we can calculate your total damages and aggressively negotiate or even take your case to trial to help you get every penny you’re owed.
Contact us today for a free consultation. Our Oklahoma City car accident attorneys have the experience you need to win your car accident claim.
