Many of you do not know that our legal system is prejudiced against plaintiffs who are injured in car accidents. In response to pressure from the Insurance industry, our Insurance Act has built-in relief for defendant insurance companies from paying damages to plaintiffs. Briefly, damages under a certain amount are subject to an automatic deductible which stays in the defendant insurer’s pocket. So, if a jury awards you $70,000 for pain and suffering, you will only receive $40,000. The jury is not told that this happens.
Grossly unfair though this is, at least for many years the deductible amount was stable at $30,000 off the first $100,000. If your award was more than $100,000, no amount was deducted. For Family Law Act plaintiffs (loved ones, caregivers) the deductible was $15,000 off the first $50,000.