In a Pennsylvania or New Jersey car accident jury trial, the existence of auto insurance is a BIG SECRET. The jury will have no idea whether or not the careless or reckless driver of the vehicle who caused the auto accident:
1.had auto insurance,
2.had NO auto insurance,
3.the amount of the negligent driver’s auto insurance (if any), or
4.the existence of the injured victim’s uninsured or underinsured auto insurance.
Mere mention of the word “INSURANCE” will usually cause a MISTRIAL. This means that the judge, jury, the parties, witnesses, and the attorneys will have to start the injury trial over again with a new jury.
The Supreme Courts of both PA and NJ believe that if a jury knew about the existence of insurance, that the jury may award more money damages than if they did not know about the existence of insurance.
But, what stops jury members from thinking the opposite?
If PA and NJ injury attorneys are not permitted to mention the word “INSURANCE”, do jury members ever think that there is no insurance and that all the funds to compensate the injured victim are coming out of the negligent driver’s own pocket?
Both PA and NJ motor vehicle law, along with every other state require automobiles to be insured before they drive on the road. Obviously in some cases, people do drive uninsured. If a negligent driver is uninsured, an injured person will have to make a claim against their uninsured motorist coverage on their policy. Chances are the negligent driver has no other assets to recover. If the injured person did not purchase uninsured motorist coverage and there are no other assets to recover from the negligent driver, a car accident injury lawyer will usually not even bring the injury case to trial. This will leave the injured victim with no recovery.
This is why it is extremely important to purchase adequate
uninsured and underinsured auto insurance coverage.
If you have been injured in a Bucks County, Philadelphia, or Mercer County, NJ auto accident, and have insurance questions, download a free copy of our Injury Victim’s Guidebook. Learn about how NOT to make major mistakes that could kill your injury claim.
