How Can Driver and Vehicle Records Impact a Car Accident Claim?
A car accident in Oklahoma City often causes far more harm than a dented or totaled vehicle. Unfortunately, Oklahoma reported 2,094 serious injuries in car accidents in a single recent year. After an accident, injury victims in Oklahoma have the right to file a claim against the at-fault driver’s insurance to seek compensation for damages, such as medical expenses, lost earnings, and pain and suffering. Unfortunately, this isn’t always a simple task and often requires an OKC car accident attorney.
Under Oklahoma’s fault-based accident laws, a personal injury victim must present compelling evidence that the other driver’s negligent or reckless actions caused the accident. Insurance companies sometimes use the state’s modified comparative negligence laws against an accident victim to minimize the amount they have to pay on their claim or to shift liability to them.
Understanding Modified Comparative Negligence
Unlike the few states that have no-fault insurance laws, Oklahoma is one of the majority of states that follow the fault-based modified comparative negligence system. Under this system, the insurance companies of involved drivers investigate the accident and assign a percentage of fault to all involved.
In the simplest cases, such as a driver running a red light and hitting a car with the right of way in the intersection, one driver is 100% at fault. However, insurance companies have an incentive to protect their profits by assigning a portion of fault to an injury victim. This allows them to subtract the percentage of fault from the compensation they pay on a claim, helping to protect the company’s bottom line.
One way that an insurance company may assign a percentage of fault to an Oklahoma City car accident victim is by examining their driving records, vehicle crash records, and the car’s maintenance records.
How Does a Driving Record Affect a Car Accident Claim in Oklahoma?
An insurance adjuster’s job is to protect their company’s profits. In some cases, they can do this by examining an injury victim’s driving record. For example, if a driver has a history of speeding violations on their record, it can be used to advance an insurance company’s claim that speeding contributed to the accident.
In the above example, a driver’s record of speeding could be used to support an insurance company’s assertion that the driver who ran the red light could have avoided the collision if the injury victim hadn’t been exceeding the speed limit, or that the driver’s history of speeding means they contributed to the severity of their injuries by driving above the speed limit.
Suppose the insurance company assigns 20% fault to the driver based on their record of speeding. This would reduce a $100,000 claim to an $80,000 payout.
A record of other types of traffic violations could be used to support an insurance company’s claim that a driver’s carelessness or recklessness contributed to the accident. If there is any doubt as to which driver caused an accident, one driver’s history of traffic violations could support an insurer’s claim that they caused the accident.
If the insurance company assigns more than 50% fault to an injury victim, they cannot recover any compensation for their damages and may be responsible for the other driver’s damages.
How Do Vehicle Records Impact Car Accident Claims in Oklahoma?
An insurance company may also look at an injury victim’s car records to find factors that caused or contributed to the accident or the severity of the injuries. For instance, if a car had been in a previous accident, the insurance adjuster could claim that structural faults made the vehicle more susceptible to damage, thereby exacerbating the occupant’s injuries and the property damage to the car.
In addition, a car’s maintenance records could show contributing factors, such as worn tires, postponed brake pad replacement, or a history of a faulty steering system. An insurance company could use this evidence to shift some or all of the fault for the accident to the injury victim.
An experienced Oklahoma City car accident lawyer conducts an independent investigation with their client’s best interests as their highest priority, defending against these and other commonly used insurance company tactics to achieve the maximum compensation available to the injury victim.
If you’re ready to schedule a free initial consultation with an experienced and reputable personal injury law firm in Oklahoma, contact Dan Davis Law.