Insurance companies have staffs of lawyers waiting to take your case before you even have a case. So it is a good idea to know your rights before you talk to them.
Most of the time in personal injury cases, you’re going against the insurance company. In other words, it is you against the giant – sort of a David and Goliath thing. Oftentimes, a jury may not even know that insurance is involved – but how can that be?
Here’s a good example: You are in a car accident and you’re involved in a lawsuit against the other driver. The fact that the other motorist did or did not have insurance would not be admissible at trial.
In the state of Alabama, a plaintiff’s lawyer may not bring up in trial the fact that the client has insurance coverage through State Farm, Alpha, GEICO, or whomever. But the insurance company is allowed to bring up the plaintiff’s insurance with BlueCross/Blue Shield, Medicare, Medicaid, etc.
It is not a level playing field; the two sides are held to different standards. However, it would seem that most juries know that there is insurance involved.
Did the insurance lobby have something to do with the fact that plaintiffs can’t talk about a defendant’s insurance company, but the defendant can talk about a plaintiff’s insurance company? It would seem that way. In reality, the insurance company hires the attorney and puts on the defense. They have the right to talk about our clients, but we cannot mention theirs.
There are only two ways to get an insurance company to pay you: one, they agree to pay your damages, or two, you file a lawsuit, maintain the claim, and take your claim before a judge and jury. It is a long and expensive process. You will want an experienced team of lawyers on your side to answer your questions, and to help you determine whether or not you have a case.