Legal Question in Personal Injury in Maryland
I was in a car accident in Virginia on Oct 19, 2011 with a semi-truck. I currently live in Maryland now. I don't think the settlement i will receive from the insurance company of the driver will be adequate to what i have been through. My insurance company paid me for the total loss of my vehicle but i feel the person at fault should compensate me as well. I was told it is better for me to sue the driver's company and driver for negligence. My concern is what if I sue them can they ignore me until the statue of limitations expire? What are my options in this situation?
3 Answers from Attorneys
You are not obligated to accept any settlement from the negligent driver's insurance company, but you also didn't indicate the extent of any injuries you may have incurred. When an accident victim is not represented by an attorney, they almost always receive less than what an experienced personal injury attorney who knows how to value cases can obtain. If you are still seeing a doctor or therapist, you should wait until that treatment ends and you've fully recovered before even discussing a settlement. On the other hand, if all you had was damage to your car, you are only entitled to one recovery, although your company should try and recover your deductible for you from the other company. If you were to sue, once the defendant is served they must answer the suit or risk a default judgment.
I assume the "semi-truck" was at fault for the accident. Depending on the extent of your claim you may be best served by having an attorney represent you. You don't say whether you were injured and/or lost income as a result of the accident. You should certainly speak with an attorney and it's possible that a Maryland attorney can help you even though the accident occurred in Virginia which has a 2 year Statute of Limitations as opposed to DC and Md which are 3 years. Feel free to give me a call.
Walter Laake
www.walterlaake.com
I do not know where in Maryland you are located, but if you visit our website at www.ihlaw.com
I sure you will find an office near you. If you like you may call me at 18007764529 and i would be happy to discuss your case with you at no charge. We can usually tell you if you have a good case or not right on the phone