Legal Question in Insurance Law in Maryland

Car Insurance Law

Dear Esquire,

I was recently involved with a car accident. A man in the left lane swerved into my lane(right lane) just as I was about to pass through a green traffic light. He did this to avoid running into the back of a lady who was turning left at that light. My car is now totaled and his insurance company is not willing to pay up. They claim that the lady who was making the left turn was a part of the accident. Since I didn't get her insurance info they refuse to handle this case. The fact however is, the man who swerved didn't collide with her, he collided with me. She in effect was not a part of the accident. Is there anything you could advise me to do? I thank you for reading my email and I hope to hear from you.

Warmly,

Nick


Asked on 10/17/07, 12:44 am

2 Answers from Attorneys
Eugene Policastri Bromberg, Rosenthal, LLP

Re: Car Insurance Law

Two issues are raised. One is the so called phantom vehicle where the vehicle that causes the collision is gone before or right after the accident and was not involved in the impact. Your case appears simpler than that based on the second issue which is that the swerving driver failed to maintain a proper lookout and keep a safe distance from the vehicle ahead. Your accident appears to have been caused by the driver who swerved into your lane because he did not keep a safe and proper lookout of what was ahead and did not/could not stop to avoid hitting her.

You should continue to press the claim against him and his insurer.

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Answered on 10/17/07, 8:56 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Car Insurance Law

Proper control of a vehicle is a requirement of avoiding negligence. If there is a claim of third party negligence then this is something that the insurance company will need to prove.

You do not mention whether there was personal injury or just property damage. There are several ways to address your claim.

You should contact an attorney. Trying to settle claims with experienced adjusters is difficult if you are not aware of the law and process involved. Contact me to discuss. 410.750.2567

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Answered on 10/17/07, 6:14 pm


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