Can A Tracking Device Affect Your Car Accident Personal Injury Claim?

Posted on: 18 February 2021


If you would like to save money on your auto insurance, you may have a tracking device installed on your car. This is an optional device designed to monitor your driving habits and will help lower your insurance rates. However, you may wonder if the device will be used if you are involved in a car accident and suffer an injury. This is something you will want to bring up with your personal injury attorney.

When You Are Not at Fault

If it seems like you are not at fault, the other party might wish that they had access to your tracking device so that they could at least hold you partially responsible and reduce your settlement amount. However, because they do not have access, this will not likely affect your case unless your data is sold to a third party. 

Insurance providers are allowed to sell data to a third party. If this occurs, it's possible that the information might end up in the hands of the other party's insurance provider and this information might then be used against you. However, you should always speak with a personal injury attorney about how this might affect your case. 

When It Is Your Fault

If the car accident is clearly your fault, you may find that your claim is reduced or denied by your own insurance provider. This may happen if the tracking device is able to prove that you were speeding or driving in an erratic and reckless manner.

One example is if you have been on the road for a long period of time. For example, if you often commute, you are more likely to find yourself in an accident. If you are driving while exhausted, you may be held responsible for your accident. A personal injury attorney will explain whether this will affect your ability to receive compensation for your injuries.

Comparative Negligence

Even if your case might be placed in jeopardy to some extent due to a tracking device being on your car, you may be able to get around this by also placing more focus on the other driver and the blame that they have for the accident. For example, if you are able to argue that you are only 10% at fault rather than 20% at fault, you will be able to still increase your settlement. Since you will need the settlement to pay for your medical bills, you will want to reduce your liability as much as you can.

For more information, contact a law firm like Leisawitz Heller.