Insurance Kept Secret During Accident Lawsuits
Withholding crucial insurance information can bias jurors.
Most auto accident claims are settled out of court.
This arrangement is usually beneficial for both parties. Preparing a case for court can add thousands of dollars in case expenses.
But sometimes a trial is absolutely necessary: when the offer from the insurance company fails to properly compensate the victim, for example, or when the two sides can't agree on who was at fault.
Insurance Information Is Inadmissible
But some key information is kept out of the courtroom that could bias jurors in favor of the at-fault party.
In many states, including Kentucky, juries are not told whether the defendant has insurance. For all they know, the plaintiff is pursuing the defendant for his personal assets. Ironically, in many cases, it is the insurance company that is paying for the at-fault party’s attorneys, hired experts, and case expenses.
In reality, however, auto accident claims target the at-fault driver's insurance policy. Kentucky drivers are required by law to drive with insurance in order to protect themselves and others on the road.
Simply put, most people don't have substantial assets.
They don't own their home outright, they don't have lavish bank accounts or investments that could be turned into cash. Where a personal injury claim is concerned, these defendants are not "collectible," meaning their assets don't exceed the limits of their insurance policy, even a state-minimum policy.
Without a valid insurance policy, trying to make a recovery against these defendants would be like trying to get blood from a stone. For that reason, most attorneys will not even accept a case unless there is an insurance policy in place to cover the loss.
Keeping the jury in the dark about insurance can draw sympathy for the defendant.
Jurors might assume that the defendant's personal property and livelihood are at stake. After all, no one wants to take away someone's home, small business or personal assets.
But those who have been injured by another person's negligence deserve compensation. They should have their medical bills and lost wages paid, and be given some amount for pain and suffering.
This is the reason auto insurance is required by law and the reason most individuals and businesses carry liability insurance in the first place.
Contact a Florence, Kentucky Injury Lawyer Today
No matter where you live in the state of Kentucky, we offer a free, no-risk consultation for anyone who has been injured in an accident. This means you’ll never be charged to speak to us and the only way we receive payment for our legal services is if you receive compensation for your accident and injury.
To speak to an experienced Dallas & Turner PLLC attorney immediately, please dial 859-630-0666. You can also write to us about your case by using our free contact form.
Our clients come first, no exceptions. We look forward to working for you.
"If you have been injured and need to talk to someone with the experience to help you understand whether or not you have a case, give us a call today for a free consultation."James Ryan Turner, Injury Lawyer in Florence, KY