Car accidents are one of the most common causes of serious injuries in New Mexico. Victims of motor vehicle collisions are often left dealing with many physical, emotional and financial consequences. Determining who is liable, or responsible, for paying for a car accident involves a thorough investigation. During this process, driver and vehicle histories may come up.
A car crash lawyer in Albuquerque, NM from The Fine Law Firm can conduct a thorough investigation into the driver and vehicle histories, helping to identify liability and ensure that you receive appropriate compensation for the physical, emotional, and financial challenges you are facing after the crash.
Does Driver History Affect Fault Determinations?
Yes, a driver’s driving history or record can affect who is at fault in a car accident claim. Since New Mexico is a fault state, the driver or party responsible for causing a crash is required to pay for a victim’s medical bills and property damage. Each driver’s insurance company will conduct an investigation to determine who is liable and allocate a percentage of fault to each party.
The car accident itself will not be the only event included in the investigation. Past car accidents and prior traffic citations can impact the insurance company’s decision regarding fault. This includes prior violations such as tickets for speeding, reckless driving, driving under the influence or aggressive driving. Operating on a suspended or revoked license will also work against the driver.
What Is the Relevance of Vehicle History in a Car Accident Claim?
A motor vehicle’s history can also play a role in car accident fault determination. Faulty, defective or damaged cars can contribute to automobile accidents. If an investigation finds that a driver was operating a vehicle that had a recent history of needing repairs that were not completed, this could result in a percentage of fault for that driver. Poor or missing maintenance records, prior accidents or vehicle damage, and safety recalls could all be used as evidence of fault.
Can I Still Receive Compensation if I Have a Bad Driving Record?
Yes. An imperfect driving record or a history of prior auto accidents will not automatically bar you from financial compensation. An insurance company cannot use driver or vehicle history alone to determine fault for a car crash. If an investigation finds that the other driver is at fault, you could still recover compensation even with a bad driving record or a faulty vehicle. However, your recovery may be reduced if these issues contributed to the crash in any way.
Can an Insurance Company Use My Driving History Against Me?
An insurance company’s goal is to minimize your payout as much as possible. To do this, the insurer may use your driving history against you. Information about past accidents or infractions could be used to argue that you were at least partially at fault for the recent accident. Your settlement could be reduced by a matching percentage of fault under New Mexico’s comparative negligence rule. Short of 100 percent of the blame, however, you can still be eligible for compensation.
How Long Does a Car Accident Stay On My Record?
In general, a car accident will stay on a driver’s record in New Mexico for three to five years, depending on the severity of the crash. Insurance companies have different protocols when it comes to maintaining crash records. Traffic violations are typically removed from a driver’s record by the Motor Vehicle Division every 12 months. However, serious offenses such as drunk driving can remain for many years or for life.
How Can a Car Accident Attorney Help With My Case?
If you are concerned about how your driver or vehicle history may impact your car accident claim in Albuquerque, contact a car accident attorney for legal assistance and representation. A lawyer can help you overcome these challenges to maximize your financial recovery as much as possible. Trusting your case to a legal professional can allow you to focus on healing while your lawyer handles negotiations and litigation for you.