Two Common Misconceptions About Your Auto Accident

Two Common Misconceptions About Your Auto Accident

Oftentimes, people who are injured in an accident as the result of someone else’s negligence/carelessness make a number of assumptions. Unfortunately, this often leads to problems/disputes that can be difficult to overcome.

As an attorney in the Colorado Springs area, I frequently witness these misconceptions while working with clients.

Here are two examples of such confusing situations and clarity around the concepts of “at-fault” and “testimony”:

The meaning of “at-fault” simply because the other party was cited with a ticket does not mean that their insurance company will pay your claim in full.

Insurers will make their own liability determination and are not bound by the opinions of the investigating officer(s). This is oftentimes a difficult concept to understand.

Most people assume that the ticket determines liability, and that is simply not the case. As such, you need to document as much about the accident as you can while at the scene for later use.

The Scope of Your Testimony In resolving a personal injury action, outside of liability itself, the “at-fault” party adds little to the equation. Insurers are very sophisticated and have a great deal of information at their disposal.

The first of which is called the “Claims Index Bureau”. Insurers maintain a database of every claim that is reported and they share that information. So, if you made a claim 5 years ago asserting injury, the insurer is going to know.

Similarly, people generally do not monitor the information they provide to their treating doctors. So if you mention that you strained your back moving furniture, expect that to be in your medical records.

In short, your testimony in a case is referenced against:

1. Your Claims Index Bureau2. Your Pre-Accident Medical Records3. Your Post-Accident Medical Records4. Any and all Legal Pleadings Filed on Your Behalf

I’m attorney John J. Mattey, working hard for your personal and family rights in the Colorado Springs area. The preceding has been provided for informational purposes only and is not intended as legal advice.

As such, you should not rely on any of the statements made herein. If you have questions about a pending matter, we urge you to consult counsel. Finally, the time to act is typically limited so we encourage you to do so as soon as possible.

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