Legal Question in Insurance Law in Maryland

Coverage under UM as passenger on motorcycle

My 20 year old nephew who was living with us in MD, died in a motorcycle accident while riding as a passenger on an unregistered, uninsured motorcycle on a MD highway. The motorcycle belonged to the driver, who is not related to or living with us. Both my wife and I have policies with $100,000 worth of Uninsured Motorist Bodily Injury coverage.

Would my nephew be covered?

Who would make the claim, us or his parents?

Would our two policies both apply and provide up to $200,000 of coverage?

Would a substantial recovery require that an estate be established (he had virtually no assets)?

Would our insurance company raise or rates? Would they likely sue the motorcycle driver to recover thier losses?

Sorry I have so many questions, but some answers would be greatly appreciated. I don;t even want to bring this possibility up with the parents unless there's a decent chance of success.


Asked on 8/15/07, 5:18 pm

1 Answer from Attorneys
Walter E. Laake, Jr. Joseph Greenwald & Laake Pa

Re: Coverage under UM as passenger on motorcycle

There is likely $100,000 in UM coverage available for your nephew's estate, parents and anyone receiving financial support from him. (I assume he was not married.) This assumes that he was a "resident" of your household and legal residence is sometimes hard to prove.

Obviously the policies need to be reviewed but you should meet with an attorney who can obtain all the relevant information and more properly advise you.

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Answered on 8/15/07, 6:35 pm


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