Is a Defendant’s Insurance Relevant to a Georgia Car Accident Lawsuit?

You probably know that Georgia law requires all drivers to carry auto insurance. Indeed, the first thing you are supposed to do following any car accident is to stop and exchange insurance information with the other driver. Obviously, there are many drivers who do not have insurance despite the legal requirement, but in most cases, if you are injured in an accident, the negligent driver’s insurance company is responsible for compensating you up to the limits of the policy.

Court of Appeals Throws Out $2 Million Jury Verdict, Orders New Trial

All that said, if you file a personal injury lawsuit against a negligent driver, you generally cannot introduce any evidence regarding the defendant’s insurance (or lack of insurance). The reason for this is that a jury must award damages based on the defendant’s conduct and the plaintiff’s injuries, not whether the defendant has insurance. Put another way, the General Assembly and the courts do not want jurors making large personal injury awards on the assumption that “the insurance company is paying for it.”

A recent Georgia Court of Appeals decision, Woods v. Heath, offers a cautionary tale in this regard. In this case, the plaintiff sued the defendant for rear-ending his vehicle. The plaintiff alleged he suffered lower back pain and other injuries as a result of the accident. The defendant conceded liability for the accident but contested damages, arguing the plaintiff’s back problems were the result of a preexisting condition.

During closing arguments, the defendant’s attorney said it would be unfair to “make [the defendant] pay” for the plaintiff’s injuries given his preexisting condition. In response, the plaintiff’s attorney argued in their closing that “in reality” the defendant had auto insurance that would pay. The defense objected to this statement and moved for a mistrial. The trial judge denied that request, and the jury proceeded to award the plaintiff $2 million in damages.

The Court of Appeals, however, said the defense was entitled to a mistrial. The appellate court said the trial judge should never have allowed the plaintiff to mention the defendant’s insurance to the jury. Such a statement could be introduced for a “proper purpose,” such as to discredit the defendant’s own testimony, but that was not the case here. One judge on the Court of Appeals added in a separate opinion that had the defendant’s attorney said in their closing that the defendant had “no insurance,” it would have been acceptable for the trial court to reopen the case and allow the jury to hear evidence regarding the defendant’s coverage. But again, that was not what happened.

Contact Hawkins Spizman Trial Lawyers Today

While most car accident lawsuits are resolved by negotiated settlement with the negligent driver and their insurance company, it is still in the victim’s best interests to work with an experienced Atlanta personal injury lawyer. Contact Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

scholar.google.com/scholar_case?case=9546846778938012120