This is based off my friends lawsuit from severe injuries they suffered from an at fault accident (other drivers fault). The plaintiff usually does not know defendants insurance coverage limit. The insurance company lawyers will present it to the jury they have no insurance and it is all coming out of the defendants pocket (ignoring fact that insurance company is forking a lot of money for lawyers so obviously they have skin in the game). So you don't know if you are clearing them out personally or leaving insurance money on the table.
This run contrary to my understanding of lawsuits. Isn’t coverage one of the first things that get disclosed during discovery?
My experience was that the plaintiff knows, but it cannot be revealed to the jury.
Correct, the law keeps this information from the jury. I'm about to have a trial on an underinsured policy in federal court next month. We won't be able to tell the jury the value of the person's contract. The jury will only get to decide the nature and extent of the harms and losses suffered by my client and then have to choose a money verdict that matches the harm.
In my opinion, this is just insurance money exerting undue influence on our court system through lobbying and insurance alumni becoming judges. But, other people disagree and they hold more power.
Okay, the jury doesn't know, but everyone involved in the decision to bring the lawsuit instead of just settling within limits does. As a defendant, that doesn't make me feel any better.
We are getting a bit technical here, but I'll share a bit more...
In MY cases, I ALWAYS offer to settle for the limit of the insurance. The insurance company rejects those offers 90% of the time. They violate their duty to their insured (you, the defendant) when they don't tell their client about the offers to settle.
After the pre-suit offers to settle for the insurance limit are rejected or ignored, I file a lawsuit. The insurance company chooses the defendant's lawyer and pays them. The insurance defense lawyer is now representing the defendant (real person) but being hired on many cases by the insurance company. This creates a conflict of interest where the insurance defense lawyer will have to choose between the interest of their a) one-time client who doesn't understand anything that is happening and b) their insurance client who pays them and works with them on dozens of cases. I will send multiple additional offers to settle for the limit of the insurance to the insurance defense lawyer. The vast majority of the time, the insurance defense lawyer doesn't tell their real-live client about the offers and rejects them (Yes, this is a violation of their professional duties. But, it still happens all the time.) Most often, the insurance defense lawyer will talk about their insurance company as the client -totally forgetting their client is the real person the insurance company pays them to defend!
The insurance defense lawyer, having withheld information from their client, then goes to litigate with me because they get paid by the hour. They spin their tires for a year or two. I keep waiting for a jury.
After the defense lawyers have milked the case for their portion, they call me and ask me to settle for the policy limit.
At that time, I tell them no, the offers to settle for the limit of the insurance have passed. I demand way more money than the insurance policy (like Big Gun Joe Addler!) - the amount of money my client's injuries are really worth. The insurance defense lawyer freaks out because they know they violated their professional duty to their client by failing to tell them about the offers to settle (Which the real live defendant would obviously have paid, but the insurance company does not want to pay).
If/when we achieve a jury verdict in excess of the insurance policy then I have to figure out how to collect. To do that, I contact the defendant who has been royally screwed by their insurance company and insurance defense lawyer. I tell them, "You can pay this entire verdict or you can work with me to sue your lawyer and insurance company for insurance bad faith and to collect this verdict." The defendant who I sued and who thought I was the problem is stunned by the betrayal, decides to work with me and then becomes my client. We go get paid by the insurance company.
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I still recommend enough insurance. I especially recommend enough UIM insurance to protect your own self in the event of negligent driver damages you and has little/no insurance. But, there are many things that happen before a person will ever have their personal assets touched. Although such things do happen, they happen a lot less than you think because the high level injury lawyers never want an uncollectable judgement. To collect a judgement, you want an insurance company on the other side. Speaking for myself, I have practiced law for 10 years and never collected a penny from the person I sued. I have collected a lot from their insurance carriers - sometimes more than the insurance policy at issue.
It's a crazy world. Insurance companies are necessary. But, there is a lot of stuff happening the average person doesn't understand and the cynics milking the file or juicing claims handling profits will try to take advantage. Fear of getting sued motivates people to buy more insurance and is a good selling tactic. Bonus for the insurance companies: the fear sown is of the insurance companies main adversary - the trial lawyer. Look at this thread, there are comments about getting sued - but hardly any about needing to sue bc YOU are the victim of negligence. It's the way our minds and emotions work.
At the end of the day, I can tell you I know widows, children and others maimed and killed by negligence. I fight for years for these people before I ever get paid. I have to finance this litigation on behalf of the sick and injured. But, the insurance companies delay, deny and defend. They force me to become Big Gun Joe Adler just to get what people need. They create their fiercest adversary by pushing them to greater and greater lengths.
PS I attached a legal memo for any lawyers reading this.
Last PS - I had to leave before full editing. Please forgive any errors.