Legal Question in Insurance Law in Maryland

Automotive Insurance claim

My car was hit in a parking lot..person backed out into side of my car. Attempts by her insurance co. to contact her have failed. She has not called in the claim. I must pay $500 deductible to proceed with the repair of my car. I have her name, address, ins. info. If my ins. company fails to recoup my deductible, I want to sue. Can I sue for more than the $500 I put out? Do I sue through my ins. co, or independently? Am I limited to small claims? What type of attorny would handle this? Thank you. Betty


Asked on 6/15/02, 2:11 pm

1 Answer from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Automotive Insurance claim

First and foremost, let your insurance company handle as much of this matter for you as they can.

After all, you pay insurance premiums for coverage as well as service. This is a service that they should

provide for your continued business.

If you have contacted her insurance company and they are giving you the run around, contact the insurance commissioner.

If all else fails, you should file a small claim against the driver and her insurance company. You may also have a bad faith in claims dealing

to bring against the insurance company. Maryland does not, however, recognize a bad faith in claims dealing against a first party insurer (i.e., your insurance company), see my answer to another question answered several weeks ago for further details. However, you may

have a breach of contract action against your insurance company. Typically they are required under the insurance contract to seek reimbursement of your deductible where you are not at fault. Review your policy. If such information is not in the policy itself, then it may be part of the

insurance company's internal procedures and practices.

Good luck.

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Answered on 6/20/02, 10:45 am


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