Holland & Holland Law Offices

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In this article, you will discover:

  • How bad driving records might affect a personal injury claim
  • Common defenses used by insurance companies in personal injury car accident lawsuits
  • How your past medical records might be used against you
  • How not wearing a seatbelt might affect your case

Having a bad driving record will not hurt your personal injury car accident claim in Orange County. Your past driving record does not have any bearing on liability or the injuries that are sustained in an accident. If the facts of the case put the other party 100% at fault and you 0% at fault, your bad driving record does not change how this accident happened. By the same token, the fact that you are a bad driver has nothing to do with the value of your case or how injured you are in an accident.

What Are Some Common Defenses That You See Used By Insurance Companies In Personal Injury Car Accident Cases In California That They’re Trying To Deny A Claim Or Limit Settlements?

The biggest argument insurance like to make is that something else caused the injuries when there are big gaps of time between medical treatments or a large time period between the date of the accident and the date that the client sought medical attention. Because you have the burden of proof, it is up to you as the injured party to prove that your injuries were caused by the accident. It is important when you are injured in an accident that you seek immediate medical attention and attend your treatments regularly and consistently. Another argument the insurance companies like to make is that people say they were not injured right after the accident happened. Sometimes it takes a few days to a week to start really feeling the pain, and often times people don’t feel much pain immediately after the accident when their adrenaline is pumping and they are in shock. It is important if you talk to the insurance company, do not tell them you are not injured because they will take your words and use them against you down the line when trying to settle your claim.

Can Any Of Your Past Medical Records Be Used Against You?

If you have prior or preexisting injuries, insurance companies might try to use them against you. They might attempt to claim that you already had the injury or that the accident was not the cause of the injury. This is another reason that it is important to see a doctor as soon as possible. A doctor can explain how the accident exacerbated any preexisting injuries. Also if you were already treating with a doctor, they will be able to put in the records how your injuries have changed since the date of the accident.

If I Wasn’t Wearing My Seatbelt And Was Injured In An Accident Caused By Another Driver In Orange County, Will This Hurt My Chances Of Financial Recovery?

If you are not wearing your seatbelt and you are injured in an accident, it can have a negative effect on your claim. This is because you will be partially to blame for your injuries, if wearing a seatbelt would have prevented or lessened your injuries.

The Fault Was Clear In My Car Accident Case, Which Was Caused By Another Driver. Do I Really Still Need To Hire An Orange County Car Accident Attorney To Represent Me?

It is still beneficial to hire an attorney to represent you, even if the other party is at fault in the car accident. There are many complicated parts to an automobile accident claim that most people do not have the experience to handle. Hiring a car accident attorney will lessen the stress of dealing with the claim. We will be able to get you to a doctor, who will treat you on a lien. This means that you will not need to pay out of pocket for treatments. The doctor will be paid at the time of your settlement. Your attorney’s office will be responsible for collecting all the records and bills, and dealing with the insurance company throughout the entire claim process. You will only need to be concerned with going to the doctor and healing.

For more information on Auto Accident Cases In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (562) 600-0807 today.

Holland & Holland Law Offices

Call For A Free Consultation
(562) 600-0807