Legal Question in Personal Injury in Maryland

Accident victim of a stolen car

I was making a legal left hand turn coming out of a 7/11 across a 2 lane road.A stolen car speeding around a corner hit me.The investigating officer at the scene did not charge me with any violations.My insurance co. is saying that because I was crossing through the lane of the stolen car that I am partially at fault for the accident, so I am not covered for the damage to my car under my uninsured motorist coverage.Are they correct or should I be covered for damages. Thank you


Asked on 2/18/00, 6:03 pm

2 Answers from Attorneys
Daniel Press Chung & Press, P.C.

Re: Accident victim of a stolen car

If you were at all at fault, even in the smallest amount, the contributory negligene doctrine bars your claim entirely.

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Answered on 2/23/00, 3:57 pm
Robert Sher Wagshal and Sher

Re: Accident victim of a stolen car

The insurance company is relying on the legal doctrine of contributory negligence to deny your claim. This law, which exists only in 3 or 4 states of which Maryland unfortunately is one, states that if the claimant was even slightly responsible for the accident, he/she can't recover even if the other driver was almost entirely responsible. Since a left-turning driver is required to yield the right of way to any vehicles on the roadway across which you are turning, they are blaming you in part for the accident.

However, depending on the facts, you might be able to prevail if you want to take them to court. For example, if there was no way you could anticipate the presence of the stolen car in your path, because of the proximity of the corner to the point of impact coupled with its speed, you might be able to convince a judge that you were not at fault and thereby recover. Good luck!

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Answered on 2/23/00, 4:10 pm


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