Why Insurance Companies Admit Guilt In Traffic Accidents
In many cases, the issue of guilt is already decided. The rules of traffic provide a basis for determining whether or not a driver is at fault. In other cases, it can go either way and the insurance company might still admit liability in one form or another.
In one case involving a herniated disc accident, the insurance company admitted that their policyholder was liable for the accident but disputed how extensive their injuries were. This makes a good deal of sense in certain cases, especially if the insurance company plans to take the matter before a jury.
Think of it this way: If the insurance company contests liability and then loses the case, they will face a major credibility issue when it comes time to dispute damages. So, admitting liability becomes a strategy to avoid a major monetary loss as opposed to a smaller one.
When do insurance companies dispute liability?
Whether or not an insurance company will dispute liability in your case depends completely on the facts and the type of accident. In the case mentioned above, the driver was pushed off the road and into a median by another vehicle. The most likely scenario here is that the defendant unsafely changed lanes and then struck another vehicle. Lane change accidents have a broader surface area to attack. Sometimes, it isn’t clear which vehicle was in the lane first or whether or not the other vehicle was attempting to switch lanes.
In this case, the plaintiff suffered a herniated disc. The insurance company admitted fault for the accident and then attempted to get the damages down. A chiropractor and an orthopedist testified on the plaintiff’s behalf.
In terms of damages, the plaintiff stated that he still suffered pain after the accident and could no longer jog or play soccer. Those are two compensable damages because they reduce your quality of life.
In the case mentioned above, the jury found in favor of the plaintiff and assigned a $143,000 judgment. Among the loss of activities that he once enjoyed, the orthopedist stated that he would need routine injections to manage the pain caused by the accident. So, loss of activities the plaintiff once enjoyed and ongoing medical treatment for the injury became the basis for a 6-figure jury award.
In this case, loss of earnings was not a factor. The plaintiff was still able to do his job. But that is not always the case. In many cases, a plaintiff can sue for lost earnings. However, the plaintiff’s job did not require that he do heavy lifting or otherwise remain on his feet for long hours.
Talk to a Florida Car Accident Lawyer Today
If you’ve been involved in a car accident, the attorneys at Halpern, Santos & Pinkert can help settle your case and if need be, we will take it to trial. Insurance companies do not just hand over 6-figure settlements to plaintiffs. You must fight them for it. Call our Florida personal injury lawyers today.