How Insurance Companies Win
When it comes to auto and truck wreck cases, insurance companies excel in three critical areas to defend and win: credibility, the circumstances of the accident, and prior medical history. Understanding these strategies can help you better prepare your case and increase your chances of success.
1. Credibility: The Cornerstone of the Case
In legal battles, credibility often determines the outcome. While physical evidence is essential for establishing the facts of an accident, the weight of testimony and how it is presented can be decisive. Credibility, in essence, is the foundation upon which a case is built.
- To maintain credibility:
- Review the facts with your lawyer. Revisiting the accident scene can provide a clearer understanding and ensure your testimony is accurate.
- Prepare thoroughly. Always go over your statements beforehand to avoid inconsistencies. Many accidents are not remembered clearly due to the chaos and stress involved.
An example illustrates the importance of credibility. During a deposition, a man testified that he hit the brakes, downshifted, and used the parking brake all within a split second before a wreck. This claim, though likely untrue, damaged his credibility and diminished the value of his case, despite the fact that the accident wasn’t his fault.
2. The Circumstances of the Accident
How the accident occurred is another critical area insurance companies scrutinize. It’s important to note that accident reports are not admissible in court because the reporting police officer wasn’t an eyewitness. Therefore, the determination of fault in the report does not bind a judge or jury.
- Insurance companies focus on factors such as:
- Driver distractions. Were you texting or on the phone?
- Speeding. Did you admit to speeding to the police officer?
- Avoidability. Could you have prevented the accident with more cautious driving?
These details significantly influence the outcome of a case. For instance, admitting fault or providing conflicting accounts of events can severely impact your credibility and the likelihood of a favorable verdict.
3. Prior Medical History
Many people believe their prior medical conditions work against them in injury cases. However, previous medical issues can actually bolster your case if handled correctly. Juries often sympathize with individuals whose existing health problems were worsened by an accident.
-
What’s critical is full transparency:
- Disclose all prior treatments. Concealing past medical history can devastate your credibility and lead to a loss in court.
- Frame your injuries effectively. Clearly show how the accident exacerbated your pre-existing conditions. This honest approach often resonates more with juries than attempting to deny past issues.
The overarching theme in addressing prior medical history is, once again, credibility. Honesty and consistency in presenting your case can go a long way in overcoming the insurance company’s defenses.
Conclusion
Insurance companies defend and win auto and truck wreck cases by focusing on credibility, analyzing the details of the accident, and examining prior medical history. By understanding these strategies and preparing accordingly, you can strengthen your case and improve your chances of a successful outcome. Remember, credibility is the ultimate “ballgame”—and maintaining it is crucial to your case’s success.
