The question you are asking about is my current legal task. I have trial on Monday. One of the facts I have to prove is that the Defendant did not have auto insurance. How do you prove that? Well, he and his lawyers admitted it, and no insurance company has stepped in to represent him, but if those things did not happen, then it beats me how you prove a guy doesn't have insurance. I suppose you could depose every insurance company that is licensed to issue auto insurance in the State of Alaska to see if they have records of any policy for the defendant. That would be absurdly too much work.
You could issue a defendant an interrogatory asking for discovery of any insurance agreement that he has.
In the case of proving the negative of insurance, the law requires an admission at some point. In criminal cases, the driver has to show a policy to the police man. In civil cases, the driver does not have the fifth amendment to hide behind.
Of course, in the case of Doc vs. Jones, we don't have to worry about Jones carrying his burden of proof, becasue procedurally, Doc was the original poster, Jones responded, and then Doc issued a rebuttal. Doc's the plaintiff!
Add new comment
1