If I file a lawsuit to recover damages for my medical bills and other damages that I suffered in my car accident, and I proceed to trial, will the jury know that the other driver is insured (and that the other driver will not have to come out of pocket if the jury awards damages)?

 

 

In Colorado, damages are to be determined without reference to the defendant’s ability to pay, including the consideration of whether the defendant has liability insurance. Evidence of insurance is inadmissible evidence to show that a person acted negligently or otherwise wrongfully. CRE 411.

 

In some rare, limited circumstances, evidence of insurance may become admissible if such evidence of insurance is offered for some limited purposes, for example to show ownership of a vehicle, or bias of a witness.  However, in my experience, insurance companies zealously protect the jury from becoming aware that the defendant is fully insured.

 

Experienced. Ethical. Intelligent. Personable. Law One.