A poor driving record does not impact the majority of car accident claims as each claim is based on the facts surrounding a particular accident. Prior driving history can be relevant if there are facts that bring into question liability (in terms of which party is at fault).
For instance, if someone has a history of prior accidents involving speeding and the defense argues that the plaintiff was speeding at the time of the accident, the driving record may become relevant information to the liability claim.
In most cases, driving history has no relevance in car accident claims. Moreover, a person’s driving record does not affect their ability to claim injuries.
What Are Some Of The Common Defenses Used By Insurance Companies In Personal Injury Cases In Lafayette To Deny Or Limit Settlements?
Most commonly, insurance companies defend themselves by attempting to implicate fault on the person claiming them.
To do this, the insurance company will accept their insured’s version of events. Often, the insured’s version of events is wrong and excludes facts contained in the accident report or the reports from witnesses.
This attempt to contribute fault to the plaintiff is called comparative fault in Louisiana. Comparative fault is used to reduce the damages an insurance company pays based on the percentage of fault they can associate with the plaintiff.
Another common tactic used by insurance companies is a preemptive interview of the claimant (plaintiff). By interviewing the plaintiff, often before being examined by a healthcare professional, insurance companies can attempt to elicit a statement that may make it difficult for a plaintiff to claim the full scope of damages they would otherwise have been entitled to.
In the same vein, insurance companies frequently attempt to make an offer as early as possible. While this may seem like a good opportunity at its face, these early offers allow insurance companies to settle claims before all damages can be accounted for and pay lower amounts in damages.
Finally, once a claim is established and the claimant has an attorney, the most common way for insurance companies to limit the amount of recovery is by challenging the plaintiff’s medical or physical condition before the accident. This is done in an effort to establish preexisting conditions that were not the cause of (or in any way exacerbated by) the accident.
What Information And Evidence At The Scene Of The Accident Is Important For The Injured Party To Record Or Preserve? And What If I Was Too Severely Injured To Have Recovered Anything At The Scene?
Many times, if a significant injury has occurred at the scene of an accident, law enforcement will attempt to perform a more thorough investigation.
In Louisiana, when a death occurs at the scene of a car accident, state police become involved. State police will then bring in experienced investigators, accident reconstructionists, and other law enforcement agents with a background in car accidents to evaluate the crash scene.
Suppose a person is seriously injured and needs to be transported to a hospital or emergency room from the accident scene. In that case, it is essential that they contact a family member or attorney as soon as possible. A family member or attorney can then take steps to preserve the accident scene by taking photographs or documenting any type of debris that may be left at the crash scene. Unfortunately, while this may be very helpful to a claim, it is not always possible or reasonable to accomplish.
Very often, people wait to retain the services of an attorney because they believe that insurance companies will work to cover their damages. This, unfortunately, is rarely the case. In these situations, people find themselves speaking with an attorney only after egregious delays with insurance companies. At which point, the relevant evidence at the crash scene is long gone.
Because of this, attorneys rely heavily on the crash report conducted by the investigating agency and work to preserve the evidence of damage to the vehicle. Additionally, attorneys may attempt to contact witnesses and, in some cases, the opposing driver. These efforts can shed light on what happened at the time of the accident and provide resources as the claim moves forward.
Crash victims rarely exhibit apparent external wounds, except for some bruising. More commonly, the injuries will be things such as damage to the spine or a broken bone that does not extrude from the skin. This is fortunate in many ways; however, the result is that it is uncommon to have any physical or visual evidence to preserve showing the injuries they sustained.
In the age of smartphones, people are more likely than ever to take photographs of the crash scene at the time of an accident. This is an incredibly useful tool when the injured party seeks to claim damages in the future.
For more information on Auto Accident Cases In Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (337) 800-1141 today.
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