Legal Question in Traffic Law in Maryland

Re: Parking lot accident

The parent is responsible for the acts of a child. You have reported this incident to your insurance

company, let them do their work. Generally there are two options for collision damage. One is to claim

against the third party's insurance (i.e., the other driver, in this case the mother). The other is to claim

against first party coverage (i.e., your insurance company) and then, where applicable, the first party insurance company

subrogates (that is, gets reimbursed) from the at-fault party's insurance. In this case, your insurance company can

use the license tag number to find her insurance company. What I suspect is that she may not have insurance, which is illegal if she is

licensed and the vehicle is registered in Maryland. Your insurance company has an obligation to you to get to the bottom of whether she does or

does not have insurance. If she does not have insurance, then your insurance company can seek reimbursement from the uninsured auto fund (which all

insured drivers pay into under their insurance policies).

For something like the situation you described, this is probably sufficient. However, where there is more property damage and especially where there is

personal injury, the assistance of an attorney is strongly recommended. Insurance companies can be difficult to deal with and the skill of an attorney is

often beneficial.

The main thing you want to ensure is that the claim does not get charged against your policy since this can be a basis for increasing your premium. Your insurance

company has a responsibility to pursue the at-fault party. Ultimately, the mother will pay, either through her insurance company or by having to pay into the uninsured fund

for the period of time that she operated her vehicle without insurance. Lastly, you could sue her personally for the damage and then, if you take a judgment and she still refuses to

provide you with insurance information, she will have to pay out of pocket. Once she sees how much it costs to repair your vehicle (and vehicle body repairs can be costly) she may opt

to file the claim under her insurance (if she has it).

Hope this helps. Feel free to contact me if you should ever need the assistance of an attorney.

G. Joseph Holthaus III

(410) 799-9002

Disclaimer: The above information does not constitute legal advice that is specific to your circumstance but rather is information about the law in general.

If you have a legal need, the best course of action is to discuss this with an attorney who will then have the opportunity to ask you questions and hear your responses.

Without a discussion, an attorney cannot provide you legal advice since he/she will not have all relevant information. No attorney-client relationship is formed with any

reader of the contents of this general information and no inference or reliance should be made in this regard.