Legal Question in Personal Injury in Maryland

Re: Hit-and-Run

Provided you were not in the least at fault and there is a thorough investigation as to the circumstances. Timing is critical. Police report? witnesses? Get medical treatment and bill to your "no fault" coverage on the insurance I assume you had on the bike, although you probably had only bare liability on the bike. Some insurance co. and their lawyers assume automatically that motorcyclists are "per se" negligent or they assume the risk because of the risky nature of the sport. But don't give up. You have to proceed carefully and methodically, if you want to get just compensation. You may want to let a experienced attorney handle. We do it contingent.No recovery, no fee, this way, you got nothing to lose.On the other hand, you could trip yourself up or fall into a legal trap. Call for more information. Joe Trevino. 1-800-924-6217 (Md.) or 301-441-3131. Thank you and good luck.

Re: Hit-and-Run

Under Maryland law, personal injury protection (PIP) is "non fault" insurance.

However, also under Maryland law, PIP protection for use of a motorcycle does NOT

attach to a policy unless specifically scheduled. This means you should have a separate

PIP cost that is itemized in your policy and a separate rider to your policy. PIP

coverage is the first place to go. If you have PIP coverage, certainly take advantage of it.

I am currently representing a case where the automobile and health insurers are seeking

to "apply" the PIP to their advantage. They certainly were not able to do this with my client

and, for a reasonable fee, I can provide the same service to you. This maximizes your use of PIP

and not to the advantage of the insurance companies.

Although PIP is usually the first to pay, it is also usually the least in amount. You have coverage

available through the uninsured provisions of your policy and related law. Filing a claim to pursue uninsured

coverage is not always an easy matter and the insurance company is almost always reluctant to pay coverage without a challenge.

Technical arguements may be raised by the insurer. They may also present factual positions on matters

such as contributory negligence, assumption of risk, or failure to minimize injury or avoid injury via the last clear chance.

Once claims are paid under health insurance, presuming you have this coverage, then they will seek to subrogate against the automobile insurer.

This basically means the health insurer will "step into your shoes" and file a claim to recover its costs against uninsured automobile coverage. Depending

on how the numbers in your particular case work, you could be left with nothing as the health insured could retain the entire benefit of the auto insurer's policy limit. There

are ways to address this as well, however, an attorney's assistance is advised.

Your matter rests upon the facts and the presentation of a solid claim against your insurance company for uninsured coverage. An attorney

is HIGHLY advised when dealing with these matters. The insurance company has its lawyer, you should too!

Please feel free to contact me for a free telephone discussion. My fees are reasonable, and my percentages for recovery are competitive.

G. Joseph Holthaus III

(410) 799-9002

[email protected]

Re: Hit-and-Run

Most insurance policies carry special coverage for uninsured motorists (which includes hit-and-run motorists); Also, in Maryland there is also personal injury protection coverage in most policies that will provide some minimum amount of coverage.

You should contact an attorney with experience in this area of law to obtain more information and assistance based on your specific facts. I would be happy to chat with you -- I can be reached at the address and telephone number indicated below.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

Re: Hit-and-Run

You would be entitled to recover for your injuries under the uninsured motorist provisions of any insurance policy you had on the motorcycle. I'm presently handling just such a case on behalf of a client who was badly injured on the Beltway by a motorist changing lanes. However, most motorcycle policies don't offer "no-fault" or Personal Injury Protection (PIP) coverage, which pays for medical bills and lost wages during the recovery period. Hopefully you have hospitalization/medical coverage.

There can be complicated issues involved here and even though it's your own insurance company that bears the cost, they will try to take advantage of you if you don't have legal representation. You would be well advised to do so as soon as possible.

Robert Sher

301 986-4555