The Other Driver Was at Fault, Do I Still Need a Lawyer?

The other driver got the ticket - does that mean you're covered? Here's what insurance companies really fight about after a car accident.

Lets pretend that you were rear-ended, the police showed up, the other driver got the ticket. It seems pretty simple, you're covered right?

Not really, the other driver being at fault for the auto accident is the starting line not the finish line. The real battle is proving that the accident actually caused your injuries. This is where your lawyer really earns their fee.

Insurance companies don't just hand over money because their insured got a ticket. They are actively looking for every reason to pay you less. A good lawyer is anticipating these arguments and finding proof to combat the insurance company.

What Lawyers are Really Fighting Over

The big legal word is causation and mechanism of injury. Put simply, it means did this accident actually cause the injuries that you suffered? Defense attorneys will argue it did not. Your injuries are not as bad as they say, or there is a separate independent cause. Here are the 6 things that matter the most.

1. Can the injury be seen on medical imaging? The more your injury shows up on imaging like X-Rays and MRIs, the harder it is for the insurance company to deny your injury. It is strong objective proof.

2. How long did it take to recover? The longer it takes you to recover from your injuries, the more your pain and suffering is generally worth. There is such a thing as over treatment that can also hurt your case. A two-week recovery will be valued differently than a one-year long recovery.

3. Was your treatment consistent? Seeing your doctor and treating providers tells the insurance company the story of your injuries and how hard you worked to make sure they progressed. The more consistent your treatment is, the stronger your case is.

4. How bad was the damage to the vehicle? The damage to the vehicle can be a strong image to an adjuster or jury to help explain the cause of your injury. The more damaged the vehicle is the less the insurance company is going to challenge how the injury is related to the car crash.

5. Do you have pre-existing conditions? Most states follow the egg shell plaintiff rule, which means you take the victim as you find them. Pre-existing conditions cannot be a bar to your claim. However, pre-existing conditions can make it more difficult to show how your injuries were made worse by the auto accident. It's important to have a lawyer evaluate your medical records and get an honest answer of how your condition affects your pay out.

6. Why do your medical records matter? Like in the movies, you need solid evidence to show an adjuster or jury that you were hurt. The medical records are the solid evidence to show you were hurt. Without good consistent records, your case can fall apart.

The Bottom Line: Your medical records and damage photos are the backbone to your case. Take pictures, see your doctor and follow your treatment to a tee. Do not skip appointments. Your paper trail is what your lawyer uses to fight for you.

So, Do I have a Strong Case? Every case is different. The strength of your case depends on your injuries, the proof of those injuries in your records and the facts of the crash. The best way to see where your case stands is to call us and talk to a lawyer for free.