How Your Driving May Affect Your Injury Claim in Mesa

September 23, 2022

How Your Driving May Affect Your Injury Claim in Mesa

At Schenk Podolsky Attorneys at Law, we know that after an accident, many people want to instantly get their injury claim in Mesa and believe they aren’t the ones at fault. But sometimes, that is not the case. More often than not, if you were driving with negligence, texting, and driving, or not paying attention, it can negatively affect your claim. But this goes both ways, and if you were driving superbly and doing everything you were supposed to, but the other person was driving recklessly, then it can positively affect your claim. So there are two sides to the coin, and we will break it down today. Just make sure you are doing everything you are supposed to be doing when you are on the road. Stay off your phone, and it can wait.

When at the wreck’s scene, you must call the police so they can come in and do everything they are supposed to do, especially report any injuries so they can use that claim for insurance purposes. In Arizona, police are supposed to go to the scene and make a report, including damages, citations, and other possible important stuff for insurance claims. They take note of negligence and if you or the other person were attempting to slow down before the wreck happened. Things like this come into account all the time during driving incidents and are a significant factor when it comes to your payout in insurance claims. They could be the deciding factor of whether you are at fault or not, so that is also something you should keep in mind. When questioned by the police for information, be sure to tell the truth, and be honest because most of the time, they can figure out whether you lied or not. They are there to help and supply information to your attorneys and help you if you have serious injuries.


The Effects of your Driving Record in Mesa, Arizona

When in the battle of claiming insurance, insurance companies will try to use your past driving records against you in Mesa. Things like past wrecks or any DUIs that have taken place will be brought up, and they will try to use that as leverage so you can’t get money out of them. This is why having a great team of attorneys can benefit situations like this. Schenk Podolsky offers top-of-line attorneys ready to go into battle and fight for your side. They are well informed on all Arizona laws and will ensure everything is done correctly and to your benefit. In some cases, insurance agencies will use your past records to blame you for the wreck. They will claim because of your past that you were more likely at fault so that they won’t have to pay you. If full-on saying you are the cause of the problem isn’t a good option, then they will say you were partially at fault and try to pay you less than what you are owed. They try to use your driving history to support that you negligently drive often. This can hurt you in these cases and that is why you should always try to drive to the best of your capabilities and make routinely intelligent decisions while on the road. If you know you aren’t in the condition to drive, don’t tempt fate. Make an intelligent decision and get an Uber or ask a friend for a ride. It could end up saving you a lot of money and in some cases your life.

But driving records being brought up are not always used to promote your downfall. In some cases, Arizona drivers who have a good clean driving record can be used to show the fact that you hardly drive negligently and it is uncommon for you to do so. Showing these records can help your case by promoting that it is out of the ordinary for you to drive recklessly and lessens the chances of you being at fault. You can also use the other driver’s records to show that they have a higher chance of being at fault. For example, if the other driver has a history of violations or wrecks, the court knows that it is in their nature for them to drive with negligence. Increasing the chances of them being at fault and you getting your proper compensation. When it comes to insurance claims and getting what you are owed, the fault is very important. Establishing who is at fault can be a decider of how much money you are owed and the money you get. That is why it is beneficial to not only have a clean driving record but in general be a good driver.

If you do hire one of our top of line attorneys here at Schenk Podolsky Attorneys at Law in Mesa, be sure to inform us of all your past car wrecks and injury claims, so we know what we need to bring up and how we can react if those past injuries are thrown in your face. We don’t want the other side to win by playing dirty so we are going to do everything we can to prevent those false claims from coming into reality. Once we get the information required to prove the other driver is at fault, you should get your proper compensation and be ready to go on your way.

If you have any questions or concerns regarding your driving affecting your injury claim in Mesa, please feel free to give our team at Schenk Podolsky Attorneys at Law a call today. We are more than happy to answer your questions and inform you about things you didn’t know. You are our top priority and we want you to fill fulfilled and ready for when tragedy strikes.