Legal Question in Personal Injury in Maryland

A few days ago, I was rear-ended by a comcast service van. My car was at a stand-still at a red light, and the force of the impact was enough that my vehicle has been declared a total loss. The driver of the van was determined to be at fault. My car was only 4 years old, very reliable, and fully paid off. We are currently a one-income family, and are not in a position to take on a new car payment. Am I entitled to any additional compensation beyond the current value of the car that the insurance company determines? Any advice would be much appreciated!


Asked on 11/21/10, 6:52 am

2 Answers from Attorneys

Phillip M. Cook Cook Legal Services, LLC

It depends. If you were injured in the car crash, you may be able to recover for both your physical injuries and resulting medical costs, but also your pain and suffering, loss of work (if any), etc. Also, if you have "Personal Injury Protection" (otherwise known as PIP in Maryland) through your insurance carrier, it doesn't matter who is at fault, the insurance company will almost immediately send you a check (usually $2,500). I would STRONGLY urge you to contact a Maryland personal injury attorney prior to discussing your case with your insurance company, Comcast, or Comcast's insurance carrier.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 11/27/10, 4:08 am
Robert Sher Wagshal and Sher

The insurance carrier for Comcast is required to pay you the fair market value of your vehicle at the time of the incident. This can be determined by going on sites such as cars.com or kbb.com and entering the details about your car. They will offer you an amount based on their own "guides", which will probably be less, but you can negotiate or take them to court if you can't reach an agreement. They will also pay for a rental vehicle for a limited period of time to enable you to obtain a replacement vehicle. Or if you have collision coverage you can see if your own carrier will make you a better offer (less your deductible) and then negotiate or go to arbitration with the other carrier and try to get your deductible back to you. You are in a common situation where you own a depreciated vehicle and are now faced with replacing it with a more expensive new or used vehicle.

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Answered on 11/29/10, 6:59 am


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