Can Your Driving Record Affect Your Car Accident Case?


You might be entitled to damages if you were injured in a car accident.

At The Law Offices of Michael R. Herron, our experienced car accident attorneys will fight for your compensation.

Under Florida Law, you only have so many days to take action.

Call Me Now For A Free Review Of Your Case: (813) 258-4878

Hand of driving man use car steering wheel in side of car. Driving a leafy car on a rainy road. Car glass full of rain drops. Rural landscape with trees on the side of the road.

How Could a Car Accident Lawyer Help My Florida Case?

Negligent drivers are everywhere.

  • Has a negligent motorist hit your vehicle? Did you suffer from an injury?
  • Are you suffering from medical expenses?
  • Has their insurance company been giving you a headache?

Insurance companies often use your driving record to reduce or deny your compensation. It might be time to hire a professional attorney who can fight for you.

At The Law Offices of Michael R. Herron, we have experience with these claims and will help you fight back.

We will keep insurance companies accountable. You should not have to pay for the mistake of another driver. Whether your driving record is good or bad, we can help you begin your journey toward proper compensation.

Our team at The Law Offices of Michael R. Herron has protected Florida residents for over 20 years. We have experience fighting challenging injury cases. 

Do I Have To Disclose My Driving Record?

The answer depends on the circumstance. You can keep your driving record private if the settlement is already in progress. However, insurance companies rarely offer fair settlements to accident victims. If you decide to file a lawsuit, you will need to disclose your driving record. The insurance company will want your driving record as part of the discovery for your claim.

The insurance company for the negligent driver will try its best to discredit your claim. Several things you should never do after a car accident are:

  • Do not accept the blame
  • Do not discuss your case with anyone on the scene
  • Do not post anything about the car accident on social media

Finding the right personal injury lawyer is one of the first things you should do after an accident, especially if you want to pursue legal compensation.

You will want to share your driving record with your car accident lawyer to prepare them for any tactics the insurance company may try to use against you.

Can a Poor Driving Record Truly Affect My Insurance Claim?

Very few people have no incidents on their driving record. Speeding tickets, moving violations, and fender-benders are everyday occurrences that should not bear on your current case. However, insurance companies will still try to use them in their favor.

They could use several different arguments. For example, they might try to say your injury was a result of a separate accident or that you have a history of reckless driving, implying that you are to blame.

Most of the time, these efforts to smear your reputation are fruitless. However, if you have a DUI or several DUIs, then the insurance company could successfully use your driving record against you.

Whether your driving record is clean or spotted, our personal injury lawyers at The
Law Offices of Michael R. Herron will have your best interests in mind.

Can I Get My Insurance Claim If the Vehicle Owner Was the Driver During the Accident?

Vehicle owners let friends and family members drive their cars regularly. Sometimes that friend or family member will get into a car accident. The question is: Who has to compensate you if the vehicle owner was not the at-fault driver?

Florida has a rule called the Dangerous Instrumentality Doctrine that says the vehicle’s owner is responsible for your damages. However, Florida Law has a cap on how much compensation you can receive. If the cap is lower than the number of damages, your accident attorneys should file a negligent entrustment case to override the state mandate.

The Dangerous Instrumentality Doctrine is complicated.

Here are a few other layers to consider.

  • Aircraft and golf carts fall under this rule
  • A farm tractor does not fall under this rule
  • The negligent driver is liable if the vehicle owners only possess a bare legal title
  • A vehicle co-owner can be held liable

In this case, your driving record will not play a significant role in collection compensation. It is crucial to hire a car accident lawyer familiar with the Dangerous Instrumentality Doctrine.

Will I Get My Insurance Claim If I Have a Clean Driving Record?

Before we discuss a clean driving record, we must first define it. A clean record means no moving violations, accidents, or points.

A clean driving record will increase your chances of recovering personal injury damages, especially if the other driver does not have a clean record. Your clean record against their spotted record could provide a strong argument against them.

If the negligent driver has a poor record but no insurance, we can still find a way to help you collect damages. For example, we can go after their personal funds in their bank account.

Having a clean driving record can benefit you in more than one way. Good driving history can keep your insurance rate from increasing. Even though the accident was not your fault, your insurance company will see it as a blemish on your record. If you continually get hit by negligent drivers for some reason, your record will not remain clean.

Contact a Car Accident Lawyer Today

Insurance companies are good at using your driving record to keep your money away from you. It takes a lot of experience to fight back. Our attorneys at The Law Offices of Michael R. Herron are here to help you fight for your compensation against negligent drivers. Our car accident attorneys will provide first-class representation and treat you with respect as we guide you through every hurdle you face. Our number one priority will be to get you compensation as quickly as possible.

Reach out to our team at The Law Offices of Michael R. Herron in Tampa, FL, at (813) 536-7603.