Let's say you have the misfortune of being injured in an automobile accident, and you sustain personal injuries, incur medical bills, and experience wage loss. What if the at-fault-driver had the statutorily mandated minimum coverage of just $30,000? In a more ominous situation, what if that at-fault-driver had no coverage at all?
You'll need the expertise of an experienced Baltimore personal injury lawyer to guard your rights.
In the scenario where the at-fault driver did not have enough coverage, you would look to your insurance company and your [first party] coverage for "underinsured motorists" as an additional source of funds for you to recover. In the scenario where the at-fault driver had no coverage, you would again look to your insurance company and your coverage for "uninsured motorists" as an additional source of funds for you to recover.
What if your insurance company refuses to pay you?
You may legitimately ask "why did I pay those premiums all those years?" You may also want to sue them. An experienced personal injury attorney will tell you that you have a few options. One is a procedure under 3-1701 of the Courts and Judicial Proceedings Article. You must first file an administrative action with Insurance Administration. The Administration is to determine if your insurance company breached its obligations to you, what is should pay you, and if it acted in bad faith [failed to act with honesty or diligence, or made a decision without supporting evidence]. If you're not happy with the final result, you can file an action in Circuit Court, and request a trial by jury on these issues of 1] whether coverage exists under your policy 2] the amount your insurance company should pay you for your personal injuries 3] whether your insurance company acted in bad faith by not paying you. If they failed to act in good faith, you can recover for your attorney's fees, litigation costs, and interest. You have other options as well, but the procedures can become mind-boggling. These are the types of claims that invariably call for the assistance of counsel. You should consult an experienced Baltimore personal injury lawyer to ensure you obtain the full measure of the recovery you're due. I offer all prospective client a complimentary case analysis and strategy session. Please feel free to call me today. 410 591 2835.
-This Article was updated by Eric Kirk on 2/14/19.