You Sued Your Mom??

“You Sued Your Mom??” by Texas Personal Injury Attorney Daniel Willis

If you’re in a car wreck and can’t reach a settlement, your attorney may  have to file a lawsuit.  But who do you sue?  Many people incorrectly believe they can sue the insurance company of the person who causes the car accident.

However, in Texas you’re not allowed to sue the insurance company.  Instead, you have to sue the driver who caused the wreck.

There’s always insurance, but you can’t tell the jury that.

Why?   The Texas Rules of Evidence forbid an attorney from telling a jury about insurance.  Thus, even though insurance is involved almost 100% of the time, the jury will never be told that the insurance company, not the at-fault driver, will pay the amount the jury awards.

The truth is, the insurance company pays for everything and makes all the decisions.  The insurance company chooses the defendant’s lawyer, pays for the lawyer, and pays the jury verdict (up to the policy limits). 

Why does this matter?

The rule that lawyers cannot tell jurors about the existence of insurance may actually mislead the jury.

First, the defendant’s lawyer might imply (improperly) that the defendant is the one who will have to pay the verdict. This may lead a jury to under-compensate the plaintiff for her injuries because they feel bad for the defendant.

Also, a juror may ask, “Why would someone sue their own spouse or their friend?”  Because a jury is not allowed to be told about insurance, they may not understand that for the plaintiff to be compensated for their injuries, they have to sue the person responsible, not their insurance company.   For example, if your mom is driving and causes a collision and you are the passenger and get injured, you may have to sue your mom.  Obviously, it would help if you were able to explain the reason you sued your mom to the jury, but our law does not allow this.

However, now you know better!

If you or someone you know has been injured in a car wreck, please contact the Begum Law Group today.  As always, it’s free to meet with us and you don’t pay any attorney’s fees until you receive compensation.  We would love to help you.