Under the Minnesota civil procedure rules, Minnesota juries can not be told about insurance. It really is lying to the jury as we go through trials against defendants who didn’t hire a lawyer, can make the case settle, and often times have no interest in even being there.
There will be trials where jurors do ask about it. But, they are told that’ s an issue for the judge. Sometimes after trials I’ve had jurors ask me why we didn’t go after the insurance. They would have liked to know the truth. But, the defense can’t have that.
I do wonder why a juror would think that I would be wasting my clients time going after a person who clearly doesn’t have much. I need to make sure to ask that next time. I can assure you that it would be a path to quick bankruptcy for everyone involved.
Trials often happen because insurance companies don’t offer enough to settle. They seem to relish the thought that the client has to look like they are suing a relative, a friend, or a little old lady. It is even more of a lie when a defendant gets all caught up in a case. I’ve watched seemingly good people, suddenly get all indignant , after they were the one who was reaching for a bottle of water as they smashed into the back of my clients car. Maybe, learn to pay attention and quit acting like you really have anything at stake in the case.
Most defendants get the suit papers and turn them over to the insurance company. The company hires the lawyer. The company calls all the shots. In the case where they actually win, the insurance company actually pockets the awarded costs. They also have raised the defendants rates for causing the collision. Nice work if you can get it.
I have written before about the need for direct action. It would be nice if we could just stop lying as required by the rules.
