A Lawsuit Against the Insurance Company. When you cannot settle your Utah car accident injury insurance claim, you have to sue the at-fault driver for a more fair and adequate settlement. When you sue the at-fault driver, you are just suing their insurance company because the insurance company will be the one defending them through the whole process and making all the decisions.
The lawsuit case caption will read:
Smith v. Jones. Not Smith v. Jones and State Farm Insurance Company.
The fact that the insurance company is a significant party in interest is hidden at all times from the jury. That is the great legal myth. Google “Tri-Parte Relationship” for a fun read.
The Big Legal Myth. It is a big legal myth that when you sue an at-fault driver, you are trying to crush them, take their house and send them homeless. Really you are just trying to get their insurance company to pay.
The insurance company has a duty to defend their insured against lawsuits. In return the insurance contract requires the insured to cooperate and timely report all claims. Every bit the lawsuit defense is controlled by the insurance adjuster and defense attorney. You have no right to tell them to settle or to take certain legal positions.
Evidence Rule 411. Liability Insurance. When you are in a courtroom you can’t say or breath the word “insurance.” Breathing or saying the word “insurance” before the jury can likely cause a mistrial. Utah Rule of Evidence 411 states: Rule 411. Liability Insurance.
Evidence that a person was or was not insured against liability is not admissible to prove whether the person acted negligently or otherwise wrongfully. But the court may admit this evidence for another purpose, such as proving a witness’s bias or prejudice or proving agency, ownership, or control.
Many injury lawyers have had mistrial declared because of accidentally having liability insurance come out through testimony.