Do I Still Need to Speak With an Attorney if Insurance Company Admits Fault For Accident?

Let’s say that you were recently in a car accident and the insurance company has called to tell you that they will be accepting responsibility for the accident. Wow, you think this whole process must be very straightforward and any medical treatment you are going to need for the accident will be covered with no questions asked. But hold on for a second, because it’s a little more complicated than first meets the eye. The insurance company knows that they still have defenses against paying you full value for your injuries.

One big defense used by lots of insurance companies is based on causation. Under the law, when someone causes a harm, they are responsible to pay for the damages. Figuring this out can be tricky because most of us have had a full life before the accident that we all know comes with bumps and bruises along the way. Insurance companies will want to scour your medical history for any other injuries complained of in the past that they can say were the actual cause of the pain you are having from the accident. 

A good example of this used by defense attorneys in their closing arguments is that if your neighbor’s son hits a ball through the window of your house and shatters the glass, of course he should pay to fix the window. However, logically he should not have to pay for a new kitchen sink, refrigerator, new kitchen stove or other things that he clearly didn’t break.  The insurance company will say in the same way that the child broke the window, their insured simply hit your car, but they did not cause damage to your back, neck or other injuries that you may very well have sustained from the crash. 

They use this argument because at the end of a case a jury is in theory supposed to decide the outcome of your case if it cannot be settled by the parties amongst themselves. A jury does not have formal legal training and during a trial they may very well be confused by the actual rules and laws that govern the state of Florida. In that event, they may believe the logical theory behind arguments like the one mentioned above and decide that you are not entitled to any damages.

Of course, as attorneys we know how to best combat these arguments with our own tools and weapons provided by the legal system. We will try our best to explain these concepts to you but ultimately as trained professionals you will have to rely in part on our training and expertise to properly evaluate an appropriate offer for your case. It is always best to speak with an attorney promptly after an accident so that we can set up your case for the best chance of success.

Sincerely,

The Harris Team

• Tom Harris
  
• Kyle Harris
  

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