Category Archives: Personal Injury

Should I speak with an attorney before giving my statement to the Insurance carrier?

Hi, Clay Morgan here, of the Morgan and Barbary Law Firm in North Brevard County.

After someone has been in an auto accident, I am often asked whether it is acceptable to provide a recorded statement to the insurance carriers, before talking to an attorney. My advice is that it is always better err on the side of caution and talk with an attorney, before giving a recorded statement to an insurance provider or adjuster. An attorney can review the facts of your case with you, and help ensure the way that you state the facts allows for no misunderstandings about how the accident occurred or who was at fault.

I then often hear: “But Clay, you are an attorney. Everyone knows that attorneys known to twist the truth, but my insurance carrier would never do that. If I’m telling the truth, then there will be no problem… right?”.  Wrong.

Let me share a recent situation that occurred to my wife following an accident.  My wife accidentally ran into another vehicle.  She was driving down US-1 in the middle lane, when she glanced in her side mirror and changed into the right lane.  Unfortunately, she didn’t see the other smaller car coming up in her blind spot, and she ended up hitting the left front tire area.  There was quite a bit of vehicle damage but no one was injured.

My wife felt horrible. She apologized profusely to the other driver advising them the accident was her fault and not to worry.  A police officer came to the scene and she told him, unequivocally, that she was at fault in the accident. The policeman agreed and gave her a ticket for her actions.  I agreed with her she was at fault, and I assured the other driver that we had insurance that would pay for their property damage.  My wife then called our insurance carrier and told them directly that she was at fault in the accident, that she had in fact been ticketed for her action, and that she accepted liability for the accident… all in a recorded statement.

Imagine my surprise when I got a call from the other driver, telling me that my insurance carrier was claiming that he was 20% at fault in the accident. They informed him they were only going to pay 80% of his $5,000 in automobile damage, leaving him to come up with over $1,000 just to get his car fixed. I could not believe it, I immediately called my insurance adjuster who confirmed they put 20% liability on the other driver because: “he saw your wife coming into his lane and he should have taken evasive action to avoid the collision.” I asked to speak to his manager, and the manager repeated the same thing; the other driver should have avoided being hit by your wife.  This 20% ruling came from the fact that the other driver phrased his sentence in such a way, that admitted seeing my wife change lanes before she hit him. This gave them what they needed to say he had “comparative” fault of 20%. No amount of argument on my part could convince the insurance carrier that what they were doing was wrong.

The lesson to come out of this for everyone is: no matter how clear the liability against the other party, no matter how right you are, please make sure you talk to an attorney before giving any recorded statement.  The way your phrase a certain sentence can result in your being unjustly assessed for “comparative” fault, which could end up costing you money.  If the other driver had simply said, “I saw Ms. Morgan coming into my lane but it happened so fast, I had no time to react,” the carrier would have a much harder time finding him partially at fault.

People often think that giving a recorded statement is a simple matter. “The truth is the truth,” as my mother used to say, “and the truth will set you free.”  Unfortunately, in my experience, the truth can often be twisted by someone else who has a motive to save money.  Insurance companies always have a motive to save money. Protect yourself. Take the time to discuss the facts with an attorney before giving a recorded statement, as it might just save you time and trouble.

As always, if you have any questions or concerns following an accident, call my office to speak directly with an attorney about any legal questions you may have. Or, contact me through my website at  Don’t go it alone; we are here to help.


“I was in a car accident and I can’t afford to go to the hospital!”

As a personal injury attorney, many people come to me following an automobile accident and they are frightened.  Whether they accidentally hit another motorist or someone hit them, they all have the same concern:  How am I going to afford to pay medical bills?

Most people earn enough to pay their monthly bills and expenses, but most have very little extra at the end of the month.  An unexpected emergency room bill or the need to pay a doctor for medical testing following an automobile accident are usually more than enough to tip the budgetary scales over the edge. Often times I see people in severe pain, refusing to go to the doctor because they think they can’t  afford it.

Luckily the Florida Legislature has designed an insurance system to protect consumers that incur medical bills following an automobile accident. All automobiles lawfully insured in the state of Florida are required to carry Personal Injury Protection insurance that is  designed to substantially cover medical bills incurred in an automobile accident.  Personal Injury Protection Insurance (PIP) is required insurance coverage in Florida.  PIP insurance pays 80% of any medical bill and 60% of any lost wages incurred as a result of an automobile accident. PIP covers the owner of a vehicle, any resident relatives in the car who do not have their own insurance (such as kids), and even passengers in the car who don’t have insurance from another source.  These benefits pay regardless of whether the accident was your fault or the fault of the other vehicle involved. It is very much like a health insurance policy that follows you wherever you go and protects you if you are injured in by an automobile.

What does this mean to you? If you own a vehicle that is properly insured, or you live with parents or a spouse that has a vehicle properly insured and you are injured by an automobile, you will have 80% coverage of any accident related medical bills up to the policy limit which is usually $10,000. This includes if you are a pedestrian struck by a car, or you’re on a bike struck by a car.  It covers you child if they are struck by a car or in another persons car that is in an accident. Even if you accidentally exit your car while it is in neutral and it runs over your foot, you have coverage.

Be aware that delaying treatment can limit PIP coverage.  In order to obtain PIP benefits, individuals injured in an auto accident must seek medical treatment within 14 days.  PIP benefits can be denied or severely limited if medical treatment is sought after the 14-day window has expired. PIP benefits can also be limited if the injured person is not diagnosed with an Emergency Medical Condition within that 14-day period following the accident.

Understanding insurance coverages following an accident will alleviate your fears and give you the confidence to get the treatment you need to stay healthy.  If you have questions about your automobile coverage, please contact us a Morgan & Barbary at 321-951-3400 and speak to a Personal Injury attorney about your questions, or visit us at We are here to help.

Clay Morgan, Esquire and Personal Injury Attorney


We’re Honored to be Your Melbourne Truck Accident Attorney

At Morgan and Barbary we are committed to providing our clients with competent, effective legal representation in several areas of practice. We are aware just how devastating trucking accidents can be and we are prepared to fight for your rights.

As your Melbourne truck accident attorney, we have seen what the aftermath of a tractor-trailer accident can do to your entire family. Because of the sheer size of the involved vehicles, a crash between a commercial vehicle and a passenger vehicle is much more likely to cause death than two passenger vehicle crashes. We are dedicated to your recovery in three aspects: physical, mental, and financial. We believe that you should be compensated fully for your losses endured as the result of a commercial truck accident.

If you or a loved one has been the victim of an unfortunate trucking accident, then we would be honored to serve as your legal representation during your recovery process. Contact your Melbourne truck accident attorney today about getting started on your case.


Boating Can Be Dangerous–Call Your Melbourne Personal Injury Attorney

As your Melbourne personal injury attorney, we realize that boating is a popular activity in Florida all year long. Boating can be a great time whether out on a lake, river, or ocean—even in the fall and winter seasons. However it is important to note that boating can be very risky and accidents are likely to occur.

Waterways experience traffic just as our roads do and therefore accidents are capable of occurring more than people may realize. The Florida Fish and Wildlife Conservation Commission reported 704 total boating accidents in the Florida region in 2012. Of the 704 accidents 55 fatalities and 386 serious injuries were reported. The biggest contributing factor to most boating accidents is human error. Even without human error, accidents can occur due to shallow waters, waves, and other factors.

If you or someone you love is injured or killed in a boating accident, seek the legal help your Melbourne personal injury attorney right away. While no amount of money can ease the pain, litigation can hold the other party responsible and a settlement award may help with incurred expenses.


Contact Your Melbourne Personal Injury Lawyer About Your Motorcycle Accident

As your Melbourne personal injury lawyer, we have the knowledge and experience it required to achieve the outcome you deserve when it comes to your motorcycle accident case. If you have been the victim of a motorcycle accident, there’s no time to waste in seeking your personal injury attorney.

Motorcycle accident cases require special knowledge and attention as Florida has special rules that apply to motorcyclists and are vastly different from rules that an automobile driver must adhere to.  For example, motorcyclists are not subject to Florida’s no-fault laws, which require you to have personal injury protection coverage for your car. This might result in an injured motorcyclist incurring medical bills with no way to pay them off, which is why seeking representation early on will help.

As your Melbourne personal injury lawyer, we have the experience and the passion required to represent you as an injured motorcyclist. If you or a family member has been injured in a motorcycle accident, contact the experts at Morgan & Barbary for effective personal injury representation.