While knowing you are going to be financially compensated for your losses, some people actually feel some remorse or empathy for the other party. In some cases, people believe that the other party is personally responsible to pay the award, which can be thousands or even millions of dollars. This can financially devastate someone, and some people feel bad about that, even though they too have been injured. On this blog, we clarify this issue and examine why this occurs.
Who Really Pays?
There is a one-word response as to why you shouldn’t necessarily feel guilty or bad about the result of your trial: insurance. The fact is that most drivers in Texas have insurance—in the year 2012, only 13.3% of all drivers did not. This means that the odds are the person sitting across from you in the courtroom is insured.
However, this fact frequently gets glossed over because of a law that prohibits the plaintiff or their legal counsel from mentioning the other party’s liability insurance in front of the jury. Why does this law exist? The simple answer is to prevent jury bias; when they are aware the defendant has a liability policy, they are more likely to award fault and be done with it. As such, the trials are framed as though the costs and consequences will come directly back on the driver.
The fact is that for an insured driver, the insurance is the one who pays the settlement. That’s what you get when you purchase a liability policy: financial protection in an accident, up to a certain level. There are other benefits too—insurance companies are often required to help their clients by providing them with legal representation in the event they face any liability lawsuits, paying court costs, and more. Bet you didn’t realize all of that is included in your auto insurance policy.
So if you find yourself worrying about the other party’s ability to pay for an insurance claim, just remember that they are most likely insured and won’t necessarily feel the financial impacts of this suit, other than an increase in their insurance premiums as a result of the accident.
At The Law Office of Guerra & Farah, PLLC, our El Paso car accident attorneys work hard to protect those who have been injured in a car accident from the financial pitfalls they could be facing. We are experienced in all types of personal injury cases, and are not afraid to stand up to insurance companies who are looking to protect their own self-interest at your expense.
Call Guerra & Farah, PLLC today at 888.634.0608 and let us review your legal options with you with a free consultation!