Will My DMV Driving Record in VA Affect My Personal Injury Case?

An insurance company uses every tool at its disposal to fight a personal injury claim. It twists your words, creatively interprets photos of the crash scene, and searches your medical records for other causes of your injuries. Insurers may even send investigators to follow and film you. But will your DMV driving record in VA affect your case?

On the one hand, a record of traffic citations might imply to insurers that you played at least some role in causing the car accident that injured you. On the other, liability for your injuries should only depend on what happened during your crash and not what happened before.

A court must use the Rules of Evidence to balance these interests. Only then can it determine when your DMV driving record is admissible and how opposing lawyers can use it.

Can Your DMV Driving Record Impact Your Car Accident Claim?

Unsurprisingly, your car accident lawyer cannot stop the insurance company from using your DMV driving record in VA while investigating your claim. Insurance adjusters can use anything to make a claim decision, whether a court would admit the information into evidence or not.

For example, accident reports are typically not admissible as evidence. These documents constitute hearsay. As a result, a judge will not admit them for most purposes. However, these reports are often essential for adjusters to quickly understand what the drivers said about the cause of your crash, even if the insurer cannot use them in court.

DMV driving records serve a similar purpose. The adjuster may get a copy of your record to draw inferences about what happened. But like a crash report, DMV records can only tell them what you might have done.

Suppose that you received three tickets for running stop signs in the past ten years. The adjuster might guess you ran a stop sign, but this theory will only stand up with witnesses or other evidence.

In short, your DMV records might color the insurer’s opinion about your crash. It might even lead them to turn that opinion into action by shifting some blame to you. If the adjuster persists, your personal injury lawyer can file a lawsuit against the at-fault driver and force the insurer to defend its position in court.

Understanding the Laws in VA

The Virginia Rules of Evidence clearly exclude DMV records for certain purposes. For instance, a party cannot introduce evidence merely to show that a person’s character trait caused them to behave in a certain way on a particular occasion.

In the case of your driving record, the insurer cannot introduce your history of speeding to prove you were speeding during your crash. Instead, the law rightly pushes the at-fault party to present evidence that you were speeding rather than inferring that you might have been because you have a history of speeding.

The rule excluding character evidence has several exceptions. The main exception allows insurers to use your DMV records to impeach your testimony.

For example, suppose that the insurance defense lawyer asks whether you were speeding before the accident. If you say you “never speed,” the insurance lawyer can introduce your driving record to prove you’ve received speeding tickets. In this case, the judge will admit evidence of your speeding tickets to prove that you lied.

Assessing Liability and Determining Negligence

Instead of focusing on your history, the court should focus on what happened during the accident. If you prove the other driver failed to exercise reasonable care and that their failure caused your injuries, you have proven negligence.

Note that this analysis does not depend on what you or the other driver did before. Instead, it focuses only on your conduct leading up to the crash.

Insurance Company Considerations

Insurers know a court will not admit your driving record to prove negligence. However, insurers do not make money by paying claims.

They will use anything, including your driving records, medical records, and crash reports, to frustrate you into giving up or accepting a low settlement. Your personal injury attorney will counter these tactics and help you push the insurer toward a fair settlement offer.

Seeking Legal Guidance

When an insurance company asserts your negligence based on your driving record, you should consider seeking legal guidance. In most cases, your driving record is irrelevant and inadmissible as evidence in a court case.

A lawyer can remind the adjuster that a judge or jury will only see evidence relevant to the crash. Additionally, they might note that your “prior bad acts” will not help a jury determine what happened during the crash.

Frequently Asked Questions About Defending Against Use of Your DMV Record

Here are some answers to questions people commonly ask about DMV records and crashes:

Can a Claim Adjuster Get My DMV Driving Record in VA?

The Virginia DMV has extensive policies surrounding the release of driver information. The DMV must balance the requestor’s needs against driver privacy. In most cases, the DMV chooses the side of privacy, and adjusters cannot get DMV records in Virginia.

Who Can Get a Copy of My Driving Record?

In Virginia, only the following can request a copy of a driving record:

• The driver
• Employers and schools
• The military
• A rideshare company
• Insurance companies

The DMV will refuse any other requests on confidentiality grounds.

How Long Does a Car Accident Stay on Your Driving Record in Virginia?

Under Virginia law, the DMV only reports accidents that occurred during the preceding 60 months or five years.

Learn More From a Car Accident Attorney

The rules of evidence are nuanced and rife with exceptions. While DMV records are not admissible to prove negligence, they can be employed for other purposes. Contact Commonwealth Law Group to discuss your case and how your DMV records might be used.