Will My Previous Driving Record Impact My Car Accident Injury Claim in New Mexico?

Insurance companies love to keep records of everything from minor tickets to traffic violations. If you’re injured in an accident and need to file with your insurer, will your driving record impact your claim? Before discussing any details with insurance adjusters, speak with a lawyer who represents accident injury victims in New Mexico to protect your rights.

Can Previous Accidents Affect Your Current Claim?

Insurance organizations keep track of your driving record and will reference it whenever you file a claim. Previous accidents and traffic violations can impact your current injury claim, even though the events aren’t related. While your traffic report isn’t publicly accessible, your insurer has full access to this information, so they can see any time you’ve been caught speeding, caused an accident, ran a red light, or anything else. 

Previous accidents and traffic violations affect your current claim because insurers use this information to determine whether you’re a reckless driver. Not only do these marks increase your monthly premium, but they can potentially affect liability determination and the settlement award.

New Mexico is a comparative negligence state, meaning your settlement award will be reduced by the percentage of liability you assume. Because of this law, previous driving records can greatly impact insurance claims. For example, if your insurer uses your previous driving record and accident evidence to determine that you’re 30% liable for an accident, you would lose 30% of the total settlement award.

You must work with a highly experienced lawyer who represents accident injury victims in New Mexico to minimize your liability. 

Understanding the Point System

Insurance organizations use a state-wide point system to determine the severity of different traffic violations. Here are a few of the different point designations for various traffic violations in New Mexico:

• Seatbelt violation: 2 points
• Missing child restraint: 2 points
• Failure to signal: 2 points
• Speeding 6 to 15 mph over the limit: 3 points
• Improper passing: 3 points
• Improper turning: 3 points
• Tailgating: 3 points
• Failure to yield or stop: 3 points
• Careless driving: 3 points
• Failure to yield to an emergency vehicle: 4 points
• Speeding 16 to 25 mph over the limit: 5 points
• Street racing: 6 points
• Reckless driving: 6 points
• Passing a stopped school bus: 6 points
• Speeding above 26 mph over the limit: 8 points

How Previous Injuries Can Affect Your Current Injury Claim

Previous injuries from past claims can also affect your current claim, as insurers may argue that you’re experiencing a flare-up from your pre-existing injuries. For example, if you filed a claim last year for a back injury from a car accident and then injured your back again in an accident this year, your insurer may claim that the injury was related to the previous accident. In such cases, you must work with a highly experienced lawyer who represents accident injury victims in New Mexico so you can gather the right evidence to support your case. 

What Can You Do About Your Driving Record?

Insurers eventually drop points from your record after a certain number of years. Other than waiting it out, you can take defensive driving courses to reduce your points and work with a highly skilled legal professional to build a strong case. You should also file your claim within the required statute of limitations. In some cases, an experienced lawyer can help show that the past driving record has no connection to the circumstances of the accident where you got hurt.

Speak With an Experienced Attorney Today

If you’re looking for a knowledgeable lawyer who represents accident injury victims in New Mexico, call Fadduol, Cluff, Hardy & Conaway, P.C., today at (800) 433-2408 or fill out our convenient online form. Our commitment to injury victims is backed by our 40-year track record and investment in the community. We are here to help.