Trials

Q: Can I just sue the negligent party's insurance company?

A: No. An injured person has a claim against the person or company that was negligent. And, while the insurance company usually hires the defense attorney, controls the settlement negotiations, controls the litigation and ultimately pays the money, it is not actually a party to the case. In fact, at trial a jury is never told about how much insurance a defendant has.

Q: What if the other driver does not have enough insurance to cover the damages he caused?

A: It depends. A judgment for damages is against a defendant. His insurance company has to pay the judgment up to the limits of its coverage. If the judgment exceeds the defendant's insurance policy limits the defendant is personally responsible for that amount. However, Colorado law protects a substantial portion of a person's property from judgments. These protections are to prevent a person from being totally financially wiped out. Also, Uninsured Motorist and Underinsured Motorist insurance coverage will provide you protection if a defendant's insurance limits are insufficient.

Q: In an automobile crash case, will the jury learn that the defendant was cited by the police for breaking the law?

A: No. While most jurors would be interested in hearing about that fact, it is generally not admissable evidence in Colorado. If the traffic charge or the traffic court case could be used against the defendant in the damage suit then far fewer people would plead guilty to traffic tickets and the traffic courts would be clogged with more trials.