Will The Jury Know When Deciding The Verdict Insurance Pays For The Verdict That They Reach In A Personal Injury Case In Vermont?

The rule that governs this issue is Rule 11, Vermont Rules of Evidence. This rule states:

“Evidence that a person was or was not insured against liability is not admissible upon the issue whether he acted negligently or otherwise wrongfully.  This rule does not require the exclusion of evidence of insurance against liability when offered for another purpose, such as proof of agency, ownership, or control, or bias or prejudice of a witness.”

In other words, this information is not admissible for juries to have except in rare circumstances in personal injury cases.  But the most frequently-asked question of deliberating juries is “Does the defendant have insurance”?  To most people it is highly relevant who is going to pay the verdicts that are rendered in court, but Rule 11 doesn’t allow it.

This is despite the fact that the insurance company pays the claim within its policy limits, has hired the defendant’s lawyer, makes strategic judgments throughout the case, pays the expenses of litigation and frequently even has an insurance adjustor sitting in the public section of the courtroom watching the trial. Sometimes, the lawyers involved would like to settle the case but cannot because the insurance company will not approve.

The reasoning of those who make these rules is that the rule reflects the policy of rejecting use of liability insurance to show fault and the dangers of prejudice are great (see reporters notes to V.R.E. 11).  However, it can also be argued that juries make decisions that are unfair to claimants because they are concerned that the defendant will “lose their house” or the defendant’s own personal money will be taken which is rarely the case.

This is why it is important to have an attorney to equalize the playing field.  If you have been involved in a car accident in Vermont, we would be pleased to speak to you and further advise you as to the merit of your case.  We handle cases from Bennington to St. Albans, Vermont, the Northeast Kingdom to Brattleboro and anywhere else where there is jurisdiction in the State of Vermont.
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