Legal Question in Insurance Law in Maryland

Re: Auto accident with one driver without insurance and the other not insured to

You are responsible. Even if the other driver's insurance paid, you would owe them back.

Re: Auto accident with one driver without insurance and the other not insured to

Factual matters settle the at fault party. Unless you were clearly and unequivocally at fault, you should discuss your matter with an attorney. If you own and operate a vehicle without insurance, you are subject to penalty by MVA and possible suspension of your license. If you license should be suspended for such an incident, you should contact an attorney.

If you have insurance, but not for the particular car, then another matter lies. Insurance held by the owner of the car may provide coverage under an agency concept. A MAIF claim may be filed where there is insurance held by the other driver. Where both drivers have no insurance and the cars are insured by a non-driver owner, the property claim should go against the owner's coverage. It sounds to me that the owner of the other car did not properly assert his/her claim.

Subrogation of claims between the insurance companies will ultimately settle any coverage. Ultimately, the paying insurance company or MAIF may come against you for the claims paid. If the extent of damage is great, you should contact an attorney as there are ways to limit the claim.

G. Joseph Holthaus

(410) 799-9002

[email protected]