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During the month of June, I am addressing common questions that get asked in our practice. Today’s Question is: Do I have to sue the person who hit me, or can I sue their insurance company?

Minnesota is not a direct action state. This means that despite the insurance company hiring the attorney handling the negotiations and calling most if not all of the directions of the lawsuit, we still have to sue the individual person. Presently, there is a bar on evidence being introduced if the person even has insurance. There are people who believe strongly on both sides of this issue. Some argue that if the insurance information got in, jurors would be concerned about their own insurance rates. Others, like myself, dislike the inability to tell the insurance companies who is really behind the case. It seems as if you are suing an individual person, and many defense attorneys try to take advantage of this. There is also a camp of people who believe the jury knows that insurance is behind it. I would rather have the jury get the whole truth on this issue.

These questions are not intended to replace a consultation with an attorney, nor do they take into consideration facts that may differ about your particular case. Here at the Injuryboard, we have experienced attorneys who can deal with your individual questions and best help you with your case. Feel free to get the help you need by contacting one of us.

4 Comments

  1. Gravatar for Daniel 8791

    So basically here in Minnesota, we have to sue the individual causing the accident, get through to their insurance company; and have a jury decide IF the insurance company is not providing enough compensation for the injury ?

  2. Gravatar for Mike Bryant

    The jury is never told and can't be told there is insurance. This is despite the insurance company really calling all of the shots. Thanks for taking the time to read and comment.

  3. I always wished we could just sue the insurance company because they run the case and the defendant is little invloved. Great article.

  4. Gravatar for Mike Bryant

    Yes, we need the party at interest in front of the jury and from behind the Oz curtain. Thanks for the comment and your taking the time to read my post.

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