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Thoughts on self defense insurance
- Thread starter Coolchange
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$250k is not much coverage, especially for the criminal trial. I'd want a policy at least around $1M. And not covering you unless you're found "not guilty"...well, I understand that from an insurance company perspective, but that alone would make me avoid the policy.
Why not get an umbrella policy for a couple of Million $$$$. That would cover you against just about any type of claim?
Alex9661
NES Member
and make you a prime target for plaintiff attorneys.
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This ignores two realities:
1. Even innocent people are often forced to take a plea deal. Unless, of course, you think that only the guilty go to prison and that the only people who were wrongfully convicted are those who have been identified by DNA. Just look at that defense case in FL where the defendant was offered a 5 year probation w/felony conviction deal; believed he was innocent and went to trial; and got 20 no-parole years. Take a negotiated plea deal, even for something like fishing without a license instead of the primary charge, and you've waived insurance coverage. It's rare for the system to go away "unfed". If you are not guilty, and the prosecution knows it, chances are you will still have to plead guilty to something or face trial to preserve the prosecutor's win/loss record.
2. "No payment unless found not guilty" means you cannot use this sort of insurance to pay for a defense. You still need to come up with the cash, unless, of course, you will find an attorney who will accept payment once you are found not guilty and the insurance company pays out
![[grin]](/xen/styles/default/xenforo/smilies.vb/041.gif "Grin [grin]")
. Just imaging how useful auto liability insurance would be if you were required to fund your own defense against a contingency fee suit, with the insurance company reimbursing legal fees only after you were found not liable.Yup. Unfortunately, the legal system (at least in MA) allows plaintiff's counsel to peek into the pot of gold before deciding on an investment of time in a case.
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I had never given much thought to this type of insurance, but it seems like a good idea for anyone that carries at least in theory. I don't like the idea of the contingencies, though, because as Rob pointed out, you are often coerced into taking a plea "deal", which would leave you holding the bag financially.![[angry]](/xen/styles/default/xenforo/smilies.vb/008.gif "Angry [angry]")
How do you figure that?? Would you broadcast that you have an umbrella policy, and even if you did so what?
They would furnish you with legal representation and obviously only pay out if you were found guilty.
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Contingency fee attorneys take cases if they will get paid. One of the first things they do in discovery is get information on the defendant's insurance policy terms and limits. Insurance money is easy to get - once there is a winning judgement or deal, money up to the policy limit is paid immediately. If a attorney is going after an individual it's get a court order telling the person to pay; bring them to court when they don't; file court motions to attach assets; bring additional "fraudulent conveyance" cases to, for example, get the court to order the transfer of the house to a brother in law for $1.00 reversed so it can be seized; investigate accounts and hire investigators to track any suspicious large withdraws made after, or in anticipation of, a liability verdict, etc. Sure, if you have an attorney crusading for a "cause" to punish the defendant - as was the Bernie Goetz civil case - you just might find an attorney who will ignore all that, but in the usual situation, an attorney will lose interest rapidly if the target of the suit has few documented (ie, attachable) assets and little or no insurance.
Umbrella policies over civil liability only, for which there is no concept of "guilt or innocence" - just a finding for, or against, the plaintiff. Also, the usual outcome is a settlement, not a verdict.
If you doubt this, just ask a contingency fee attorney if he will take a case against an illegal alien who hit your car causing the kind of pain, diagnosable only by your verbal expression of discomfort and curable only with a cash settlement, on a contingency fee basis. Now, ask the same question and tell him the other driver has auto insurance and a $1M umbrella policy.
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