Legal Question in Personal Injury in Maryland
An uninsured man totaled my car & because we had no collision on this vehicle UI
A man w/ no ins. rearended my husband and 5 yr. old at 65mph. Our car is totaled! They are hurt! Because we had no payment on our car our ins. rep advised us to drop collision ( it's an '89) but now our ins. says that UIM won't pay damages or rental coverage because we didn't have collision. My UIM states property damage 50,000.00 why can't that be considered property damage.PIP will help with some medical and lost wages but now w/o vehicle. Can we sue the driver personally &/or his wife, because it was her car he was driving even though he was excluded from her policy. Wife told my ins. that she knew husband drove car but had to have him sign exclusion because he was too expensive to insure!!!!
1 Answer from Attorneys
Re: An uninsured man totaled my car & because we had no collision on this vehicl
If the other driver was at fault (and, with respect to your husband's claim, provided he was not contributorily negligent), your UIM coverage will cover both the property damage (to your car) and personal injury claim, up to the policy limits. If your insurer is telling you anything else, it is mistaken (I'm being kind...). Your PIP coverage will cover some medical expenses and lost income. The PIP coverage should pay right away, while you need to settle with (or sue on) the UIM coverage, generally after completing treatment, just as if you were suing the other driver (in fact, you would still sue the other driver if you have to file suit).
You should retain counsel to handle this matter. We do personal injury work in Maryland, so feel free to contact me if you have any questions.
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