Are Jury Trials In Motor Vehicle Accident Claims Inherently Unfair?

This is the very question that will be before the Court in the case of Kapoor v. Kuzmanovski, a motor vehicle accident action that was scheduled for a trial by jury in January 2017.

Prior to trial, the Plaintiff brought a motion to exclude potential jurors who drive and pay insurance premiums, or have automobile insurance premiums pain on their behalf, on the basis that these jurors have an inherent conflict of interest. The argument is premised on the fact that jurors who pay insurance premiums are adverse to the Plaintiff due to their financial obligations to the insurer, creating an unfair bias. In the alternative, the Plaintiff sought an order permitting them to challenge potential jurors who pay automobile insurance premiums, or have premiums paid on their behalf, due to this alleged inherent bias.