Evidence of Insurance – When to Name the Company vs. the Driver

Evidence of Insurance – When to Name the Company vs. the Driver

If you find yourself in the unfortunate predicament of being involved in a car wreck caused by another motorist, you may well find yourself in yet another unfortunate predicament when you attempt to obtain compensation for your injuries and damages. Namely, if the person who caused the wreck has insurance, that insurance company is not likely to do anything to try to reasonably, fairly, promptly and objectively settle your claim until and unless you file a lawsuit. The insurance company knows that if you file a lawsuit, you cannot name the insurance company in the suit. Rather, you have to name the person driving the vehicle that caused the wreck.

Thus, what if you are involved in an accident in your neighborhood that is caused by one of your good friends or, for that matter, one of your relatives. Because the insurance company of your friend and/or relative knows that you don’t want to have to sue anyone to get your case reasonably resolved, let alone your friend or relative that caused the wreck, you will take pennies on the dollar for the value of your claim. It is unfortunate, but it is reality.

When you file a lawsuit as a result of a wreck caused by a third person, you can only sue the person that caused the wreck, not that person’s insurance company. Indeed, if the case goes to trial, the jury is never told that the person who caused the wreck has insurance. Even though some jurors might recognize that insurance is most likely involved, they will have no idea how much insurance is available. Insurance companies intentionally try to mislead juries into thinking that the person who caused the wreck is going to be financially ruined by any verdict returned. It would be nice if juries were allowed to know that the vast majority of individuals who are sued have insurance to pay for any judgment that is returned. Unfortunately, the rules of evidence do not allow that to occur and that is not likely to change.