How Your Previous Car Accident May Be Used Against Your Personal Injury Claim

Posted on: 21 March 2017

If you were previously involved in a car accident during your lifetime, that information may be used against you by the defendant should you decide to file a personal injury claim in relation to the car accident that you are currently involved in. Here are the two most common ways that the insurance company and/or the defendant may try to use your previous car accident against you.

#1 Preexisting Injuries

One of the biggest ways that the defense will try to weaken your case is through the idea of preexisting injuries. If you were in another vehicle accident at any point in your life, and you received medical treatment after the accident, they could use your medical records to try and prove that your "new" injuries are in fact old injuries. This is a very common tactic, especially with injuries that are related to the muscular system, which can be a little more difficult to document and prove were caused by a specific thing.

Even if your previous accident did not happen recently, don't be shocked if that information is brought up during your case. If the defendant can get away with pinning your current injuries and pain on something in the past, they are going to try to do that.

You can't hide your medical records either. The defendant can request access to your medical records as well as your driving records. Even if you didn't get medical care, they could argue that you have untreated medical conditions from your previous accident.

#2 Serial Litigator

Another way that the defense may try to weaken your case is by presenting you as a serial litigator, especially if you pursued a personal injury claim in relation to a car accident in the past. They could also use other claims that you have made, such as workers compensation or disability benefit claims, to make it look like you are greedy and after money. If the defense chooses to use this strategy, you need to be prepared to defend the previous claims you have filed and show that they are not related to your case.

It is not impossible to win a personal injury case related to a car accident if you have been in a previous car accident; however, you need to make sure that your attorney has this information so they can mount a proper response against anything that the defense may throw at them.