Licensed in Missouri and Kansas

If A Case Goes To Trial, The Defendant's Liability Insurance Carrier Hasn't Paid A Dime

People often think that if a case goes to trial that the plaintiff already got money from the defendant's liability insurance carrier and that the plaintiff must be trying to squeeze more money from the defendant. The reality is that the opposite is true; the defendant's liability insurance carrier is refusing to pay adequate compensation and forcing the plaintiff to go to court to obtain fair compensation.

The reason people think this is because the law prohibits the jurors from hearing that the person who caused the injury (the defendant) has insurance and that the insurance company is not offering adequate compensation. The juror only gets to hear that the defendant caused the plaintiff harm and the plaintiff wants money to compensate that harm.

Despite the fact that the jury doesn't hear about liability insurance, the defendant's liability insurance will still have to pay the judgment amount up to the defendant's policy limits. So, if the jury finds the defendant liable for the plaintiff's harms and losses, and assesses those losses at $50,000.00, but the defendant only has $25,000.00 in insurance coverage, the insurance company will be on the hook for $25,000.00 and the defendant will be on the hook for the rest.

If you find yourself on a jury in a personal injury case such as a car accident or slip and fall, rest assured the defendant has liability insurance that is refusing to pay the plaintiff, even though you won't hear about it in trial.