Legal Question in Personal Injury in Maryland

On August 16, 2008, I was a victim of drunk driving. A drunk driver jumped the median and drove in front of my car, hitting me head-on. My police report states that when they pulled the man out of the car, he reeked of alcohol. We were both taken to the hospital; I had surgery on my bladder from the seatbelt, burns on my sides from the seatbelt, a hole in my eye from the impact of the airbag that required laser treatment, and fractures on my foot. No officers questioned him and he left the hospital. It took about a year to find the guy, only to find out that he borrowed a friend's identification, and borrowed another friend's car. The owner of the car said that his car was stolen, but later we found out that the owner's son was driving the car earlier that day and lied about knowing the guy that was in the car at the time of the accident. When my current lawyer first found the guy they thought was in the car, he went to court for DUI but all charges were dropped against him because he said that he had enough evidence to prove it was not him in the car and that he let someone else use his ID the night of the accident. My lawyer thinks that there is no point of going on any further because he has reason to believe that this other person has left the state. I am now left with the Uninsured Motorist Claim - which my lawyer is deducting his percent out of it - and I will be left with very little for all my pain and suffering through that difficult time. I do not know what else to do at this point. This case will have three years next month and no justice. Please help.


Asked on 7/13/11, 9:21 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Unfortunately, it appears that you will have to settle with your UIM carrier for whatever coverage you have. It sounds like whoever was driving was doing so without the owner's permission, so under the terms of his policy there is no coverage. Nor can you sue the owner directly, because in MD the owner isn't responsible unless the driver is acting as the owner's agent at the time of the accident (I assume this happened in MD). Even if you were lucky enough to find the actual driver, it's most likely he's a deadbeat with no insurance and no assets from which to collect a judgment. If you have minimal UIM coverage it appears the recovery won't adequately compensate you for your injuries. Bear in mind you must file suit within the 3 year period to protect your claim if you haven't agreed to a settlement by then.

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Answered on 7/13/11, 12:22 pm


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