These must be the questions on every juror’s mind: Why is the individual who caused the auto accident being sued? Don’t they have insurance?? Why is the Plaintiff suing this poor Defendant, instead of an insurance company??? Well, here’s the answer: IT IS THE INSURANCE COMPANY!!
Under Oregon law, a Plaintiff who is injured in an auto collision must name the individual who caused the accident in a lawsuit. But, in reality, that person’s insurance company is usually paying the bill for whatever the jury awards. It’s one of the most frustrating parts of our jobs, because we have to name the individual, but it’s insurance money that’s paying the bills. Which, as we all know, is what insurance is for!
When a jury awards money to an injured plaintiff, the defendant’s insurance company has to step up and pay the verdict amount. But, under Oregon law “liability insurance” is not even allowed to be mentioned, because it could prejudice the jury and make the jury want to award more money because it’s an insurance company. How’d that happen? Insurance companies have much more powerful lobbies in the legislature than individuals do, and they’ve made it their goal to do everything they can to avoid paying out on claims. So, they’ve gotten the legislature to pass laws that make it impossible to tell juries who’s actually going to be paying whatever they award as a verdict.
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