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Alison Mynick, RN, Esq.
Alison Mynick, RN, Esq.
Contributor •

Why Maine Jurors Should Be Mad

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Here is a typical example of how insurance companies, and their corporate defense counsel, take advantage of ordinary Maine citizens:
“Driver A” is sitting in her car. The car is stopped in traffic and she is waiting to turn left. She has her blinker on. She has seatbelt on. Driver A is playing by the rules.

Up from behind her in traffic comes another driver, “Driver B”. This driver is not playing by the rules. Driver B swivels her head taking her eyes off the road and turns to look out the passenger window just because. Driver B isn’t stopped in traffic while looking out the passenger window–she’s driving forward without looking!!! Driver B plows into Driver A. Driver A’s car is jolted forward, and the lady inside is jolted too. Driver A is hurt, for no good reason.

Since it’s pretty clear that Driver A is in the right, and just as clear that Driver B is in the wrong, isn’t it ridiculous that people have to receive a notice from the Clerk of Court, leave their job and other responsibilities, and show up in Court to tell Driver B “Yes, Driver B, you were in the wrong and you are responsible for every way in which you changed the physical condition of Driver A”. Isn’t it foolish that Driver B doesn’t accept responsibility for what is clearly Driver B’s breaking the rules?

What is really happening here? Who should the Jury really be angry at?

The insurance company for Driver B.

Drivers B has paid an insurance premium so that when Driver B makes a mistake Driver B can simply say, “I’m sorry, I take responsibility” and have his or her insurance company pay for every change in Driver A that was caused by the car accident. But the insurance company has nothing to lose in hauling people (Jurors) out of their homes, their jobs, their lives into a Court two, three or four years after they should have paid on a claim, because they can hope that the Jury will blame Driver A-who is the Plaintiff_ and let the insurance company off the hook.

The insurance company hires corporate attorneys who, on paper, represent Driver B. But, it is Driver B’s insurance company that pays for Driver B. The insurance defense lawyer has additional incentive to spin the facts of a case so that a Jury will think the whole problem lies with Driver A, and not with Driver B.

If insurance companies did what they were supposed to–pay for injuries caused by their insureds- Courts wouldn’t be clogged with cases that shouldn’t be there in the first place. This is why Maine jurors should be mad.

And every time Jurors get the chance to tell the insurance company how angry they are, and how unhappy they are of being taken advantage of, they ought to tell the insurance company that, through their verdict. They ought to make the insurance company pay every cent that an injury is truly worth to an ordinary American. Juries should be mad every single time this happens to them. And they should let the insurance companies know it every single time.