Nostradamus – My motorcycle case turned out even more bizarre. We ended up going to trial, because there were two insurance companies covering the guy who hit me. (There was no question of fault, the guy who hit me admitted he was talking on the cell phone and didn’t notice the red light until it was too late. The only aspect in contention was how much should be paid for medical bills, pain and suffering, etc) The amount we wanted exceeded the limits of the first insurance company, who hired the attorney. Thus the opposing attorney decided his paying client had nothing to lose by going to trial. He could either settle for the full amount of his paying client’s policy limits, or go to trial and who knows maybe get a surprise verdict that would let his paying client pay less than his policy limits. I even sat in on the conference in judges chamber when this was discussed, and everyone, my lawyer, the judge, the opposing lawyer, was open about it.
In the end, we won and the first insurance payed full amount up to policy limit, and the second insurance came in to cover the rest. So I guess the lawyer’s strategy didn’t work.
Ironically, ever bit of evidence, all the medical bills, etc and my testimony all had to be wiped of any fact that anybody had insurance. I still shake my head when I think of myself getting on the stand and swearing to tell the truth, the whole truth and nothing but the truth, knowing full well that there were plenty of aspects of the case that I could not mention, least I cause a mistrial. It’s just one more example in my mind of how hypocritical our justice system is.
To add to this, I felt like a pawn in a lawyers game once I lawyered up. I would have settled with the insurance company for the cost of the motorcycle. I grew up believing that you don’t sue people for accidents. But the system is not set up like that at all.
