An admission of liability happens when someone admits their own fault in an injury accident. In turn, they are admitting liability for damages from the accident. This statement might be given before the at-fault party provides compensation for what the accident victim has lost.
If the at-fault party’s insurance company tells you they are admitting liability, it doesn’t necessarily mean you have a good case. It means that they are accepting that their insured is liable for causing your injury accident. This typically assumes that the insurance company will cover the accident, but there might still be limitations on what the insurance policy covers.
Insurance companies are most likely to admit liability in rear-end accidents and one-vehicle accidents. However, it can happen after any type of personal injury accident.
What Happens When You Get an Admission of Liability?
When the insurance company admits liability in your accident, there is less chance of you having to sue for your damages. That being said, an insurance company might still offer you a lowball settlement after admitting liability. You will need to be prepared to fight for your rights no matter what.
You Will Still Need to Prove the Cause of Your Injuries
Admitting liability is not the same as admitting the causation of injuries.
Even when the insurance company provides admission of liability, you will still need to prove the at-fault party caused your injuries from the accident. Insurance companies are always looking for excuses to not pay you for the accident. They might try to say:
- Your injuries were a result of a pre-existing injury, not from the accident caused by their insured.
- You hold some (or all) of the blame for your accident injuries, such as not wearing a seatbelt during a car accident.
- There was a large gap in your medical treatment schedule, which they can use to say your injuries are not as serious as you claim.
Those are just a few examples. Insurance companies have a variety of tactics they’ll use to avoid paying on your claim.
You’re probably not out of the woods even if you get an admission of liability. It’s best to consult with a personal injury lawyer for assistance. If the insurance company offers you much less than your claim is worth, your lawyer can help you take action.
Admission of Liability is Only One Part of a Case
There are four parts to proving negligence in an injury case:
- Duty
- Breach of duty
- Causation
- Damages
When you get an admission of liability, the insurance company is taking responsibility for the first two elements. They are saying their insured had a legal duty and breached that duty.
For example, a driver in a car accident has a duty to prevent harm to other drivers. If they drive recklessly and it causes an accident, they have breached that duty. However, you will still need to prove the second two elements of your case: causation and damages.
Under Georgia Code section 51-12-6, you have a right to recover damages from the at-fault party when they breach their legal duty. This will need to be demonstrated in your injury claim.
Our Georgia Personal Injury Lawyers Can Help
Call John Foy & Associates today for help proving fault in your injury case. We’ll give you a FREE consultation, and we don’t take a fee unless we win you money. Call (404) 400-4000 or contact us online for your FREE consultation.