What does the jury get to hear?
Most people think if you are in an accident and the insurance company does not pay for your injuries, then you can sue the insurance company.
Some states have what are called, “direct action statutes”. That means that when someone is covered by insurance, the insurance company is the party that the jury sees in the courtroom. In Texas, even though someone is covered by insurance, an injured person has to sue the person involved and not their insurance company, though it is ONLY the insurance company who will actually pay any verdict of the jury.
In Texas where all motorist are required to have liability insurance to compensate the injured party, the lawyers are not even allowed to tell this to the jury. Sometimes this can lead to jurors worrying about causing financial problems for the party at fault when in fact insurance will pay for the harm. Likewise, the jury is not told that you must pay back your health insurance carrier, medicare, or medicaid for payments they made on your behalf or that you must pay your attorney and trial expenses out of the recovery.
