Can An Insurance Company Put Used Parts in My Car?
Although it’s not directly related to the value of the injury component of a personal claim, Baltimore personal injury lawyers know the amount an injury victim gets for the damage to their vehicle is certainly a component of the overall value of the claim- although there is no scientific or medical evidence that supports this... Read more »
Does The Insurance Company Have To Have A Reason To Deny Or Fight My Claim?
Most Baltimore personal injury lawyers will tell you the practical answer is “No”, they don’t. The Maryland Insurance Code tells us it is unlawful for an insurer to deny a claim for “arbitrary” or “capricious” reasons. Unfortunately, one man’s caprice is may well be another man’s well-reasoned approach. Claims are denied- frequently. Unfortunately, we’re given... Read more »
The Insurance Company Says I Don’t Have PIP. How Does That Effect The Value of My Case?
Maryland law provides that personal injury is a coverage that you have it unless you say you don’t want it. Baltimore automobile accident victims sometimes find themselves faced with medical bills they for which they which believed they had personal injury protection coverage. A person may waive* their statutorily mandated PIP coverage, but, there are specific requirements:... Read more »
Are There Rules For Baltimore Insurance Claims Adjusters?
Many states and localities have enacted rules that govern what an insurance claims adjuster does, says, and how they act. Baltimore does not have a comprehensive set of rules for insurance claims adjusters. Maryland has chosen not to enact a specific training or experience requirements that govern claim adjusters. An ethical rule in effect in... Read more »
What is Insurance Policy Stacking?
We’ve discussed in other chapters that the availability of insurance, and the amount of that insurance is often the most important single factor in assessing the value of a case. If you can recover from more than one policy, your case has a greater value, or at least a greater possible maximum value. Stacking is... Read more »
When Do I Qualify for PIP benefits?
The availability of PIP benefits directly affects the value of a Baltimore automobile/car accident claim as the benefits, in part, cover medical expenses that would otherwise need to be paid from settlements of judgments. Passengers in these vehicles generally do not qualify. buses taxicabs and state-owned vehicles There may be exceptions that should be explored... Read more »
My PIP Insurance Carrier Denied My Claim or Won’t Pay My Medical Bills
Baltimore personal injury lawyers see this happen every day. The PIP law requires that insurance companies pay all “reasonable” and “necessary” medical expenses up to the policy limits for those that buy PIP insurance from them. The reality is insurance companies almost never pay the full amount of the medical bills they are sent. Insurers sometimes contest... Read more »
How Do the Costs of Litigation Effect The Value of My Personal Injury Case?
It’s no secret that litigation is expensive. We’ve all seen movies where the litigation costs in a toxic tort claim against a fortune 500 company bankrupt the participates. Those types of claims are seminal, and far afield from the typical case litigated in Baltimore, Maryland. But even straightforward motor vehicle accidents can cost thousands of... Read more »
I’m Easily Injured. Am I Still Entitled to Compensation for an Accident?
It’s not a laughing matter, but Baltimore personal injury lawyers Attorney Eric T. Kirk know the law recognizes that, yes, unfortunately, a given person may be more likely or more easily injured than another. The age-old adage is that an at-fault party “takes his or her plaintiff as he or she finds them”. If that results... Read more »
The Insurance Company Says The Value of My Case Must be Reduced to Present Value.
Baltimore personal injury lawyers would probably agree this is a complicated subject, well beyond the scope of these volumes. However, the concept plays a significant role in intelligently valuing any serious automobile accident or personal injury case, and evaluating the reasonableness of any settlement. Assume an accident victim sustains a serious injury, and will require medical care... Read more »
Can I Recover More Than The At Fault Driver Has For Insurance? What is an Excess Judgment?
The answer is “yes”, but it’s not easy. One scenario is the “excess judgment”. For example, assume your Baltimore car accident case goes to trial, and you receive $40,000, and the defendant was insured for $30,000. The insurance company for the defendant pays the $30,000. But by the terms of the policy, that is the... Read more »
Can I Collect That Judgment? What is a Garnishment?
We’ve discussed in other chapters the bane of Baltimore personal injury litigation, for victims and lawyers alike– the uninsured defendant. The same sort of frustration can set in where there is limited insurance, and a sizeable excess judgment above the policy limit. As Attorney Eric T. Kirk will tell you. There are more than a few... Read more »
