Being in a car crash is stressful enough, but if you have a criminal record, you might wonder: Can this be used against me in my injury case?
The answer isn’t always simple. In Indiana, certain past convictions can be introduced in court, but many offenses—such as DUIs, traffic violations, and drug charges—generally cannot be used against you. However, courts do have some discretion when deciding whether a past conviction is relevant to your case.
If you’ve been injured in a car crash and are concerned about how your record might affect your claim, understanding Indiana law is critical. Below, we break down when a past conviction can be used in court and what steps you can take to protect your rights.
How Indiana Courts Handle Criminal Records in Civil Cases
Under Indiana law, certain past criminal convictions can be used to challenge a witness’s credibility. This principle comes from the Indiana Supreme Court case Ashton v. Anderson, which set guidelines for when a criminal record can be introduced in court.
The basic idea is this:
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If a past conviction involves dishonesty or false statements, it may be relevant to a person’s credibility as a witness.
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If the conviction has nothing to do with truthfulness, it is usually not admissible in a personal injury case.
This means that not all convictions will be considered by the court, but if a crime suggests that someone may not be truthful, the other side could try to bring it up. However, judges still have some discretion in deciding whether the conviction is relevant enough to allow in court.
What Criminal Records Can Be Used Against You?
Only certain types of past convictions are admissible in court for impeachment purposes. According to Ashton v. Anderson, these include:
- Treason
- Rape
- Arson
- Murder
- Burglary
- Robbery
- Kidnapping
- Forgery
- Perjury
- Theft-related offenses
These crimes are considered serious offenses that could reflect on a person’s credibility. For example, perjury (lying under oath) directly relates to truthfulness, so a past perjury conviction may be used to question whether the person is being honest in their testimony.
However, just because a conviction can be admitted doesn’t mean it will be. Judges have some discretion in deciding whether a past conviction is relevant to the case at hand.
What Convictions Are NOT Admissible?
Many common offenses cannot be introduced in court in a car crash case. These include:
- DUI (Driving Under the Influence)
- Traffic Violations (Speeding, Running a Red Light, etc.)
- Reckless Driving
- Battery
- Drug Possession
- Drug Dealing
Even though these offenses may be serious, they do not necessarily reflect on a person’s truthfulness. Because of this, Indiana courts generally do not allow them to be used to attack a witness’s credibility in a personal injury case.
That being said, opposing attorneys may still try to bring them up. If they do, your attorney can challenge whether the conviction is relevant and argue that it should not be admitted.
How Can a Criminal Record Affect Your Indiana Car Crash Case?
Even if your record is not directly relevant to your car crash claim, it could still have an indirect effect on your case.
1. Challenging Your Credibility
If your case goes to trial, the other driver’s legal team may try to discredit you as a witness. If you have a past conviction for something like forgery or perjury, they may argue that your testimony cannot be trusted.
However, if your past convictions are unrelated to dishonesty, your attorney can challenge their admissibility and push back against unfair attacks on your character.
2. Insurance Company Tactics
Insurance companies are always looking for ways to reduce or deny claims. If they discover you have a criminal record, they may use it as leverage in settlement negotiations.
For example, they might:
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Argue that a jury won’t believe you because of your past.
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Offer you a lower settlement, hoping you’ll take it to avoid going to court.
A strong legal strategy can counter these tactics and ensure you receive the compensation you deserve—regardless of your past.
3. Jury Perception
Even though courts instruct juries to only consider a criminal record for credibility purposes, human nature plays a role. If a jury hears about a past conviction—especially if it’s serious—it could influence their view of the case.
Your lawyer can file motions to exclude irrelevant past convictions and, if necessary, present additional context to make sure the jury stays focused on the facts of the crash.
Why Legal Representation Matters
If you have a criminal record and were injured in a car crash, you may be worried about how it will affect your claim. While your past does not automatically disqualify you from seeking compensation, the insurance company and opposing attorneys may try to use it against you.
Having a skilled Indiana car crash lawyer on your side can help:
- Determine whether your record is admissible in court
- Fight to exclude irrelevant past convictions from your case
- Challenge attempts to discredit you based on your past
- Negotiate with insurance companies for a fair settlement
- Present a strong case focused on the facts of the crash
At the end of the day, your right to compensation should be based on the crash—not your past. A knowledgeable attorney can ensure that your case is handled fairly and that you receive the compensation you deserve.
Injured in an Indiana Car Crash? Get Legal Help Today.
If you’ve been in a car crash in Indiana and have concerns about how your record might affect your case, don’t wait to get legal advice.
A skilled Indiana car crash lawyer can help you understand your rights, fight back against unfair tactics, and pursue the compensation you deserve.
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Don’t let the past stand in the way of your future. If you’ve been injured in a car crash, contact a lawyer today to explore your options.
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