Legal Question in Personal Injury in Maryland

Car Accident

I was recently involved in an accident that involved the other party hitting my vehicle in the rear at full speed. I went to the emergency room by ambulance. The other party was found at fault and which is stated in the police report.The one mistake I made and now know I should never done is I spoke with that parties claims adjuster over the phone. The other parties insurance company has received the police report and now they are stating that their insurer was not at fault. I just told him exactly what the police stated. The claims adjuster will not pay for rental cost until he can investigate further. I have paid out of my pocket for a rental and cannot afford more than a week. 1. How important is that police report? 2. Does the other insurance company have to help defray the rental car costs and pay money towards the replacement of the vehicle, as well as compensate for the inability I have had to get certain things done because of this? 3. Should I continue to keep the rental until he finishes his investigation?

4. How much time is the claims adjuster allowed before he agrees with the police report that his insurer is at fault


Asked on 12/19/02, 1:07 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Car Accident

First and foremost, I hope you have learned from your recent experience that hiring an attorney is a wise choice.

You may ultimately have the insurer withhold coverage and then have to take the matter to court to resolve it...a costly mistake.

The police report is important but it is not conclusive. Errors often appear in police reports. These errors, when not properly addressed, become cummulative.

Even if the police report is in your favor, there is a certain way to use this "evidence" and there are things you should NOT do. If appears you have relied upon the police

report as conclusive and possibly to your detriment.

The other insurer, where its insured is at fault, bears financial responsibility over the claim. However, in most cases, the better course of action is against your insurance company for property damage and then

to let your insurance company recover through subrogation. Property coverage is largely based on your policy and knowing how to apply the policy is the key. Without knowing the policy, coverage, and other matters, little can be said in this regard.

There is a list of various types damages that may or may not apply in your situation. It would be improper for me to provide you with this listing as you may limit your overall recovery by misapplying

the aspects recoverable under your case.

Whether you keep the rental or not is based on a multitude of factors, such as your income, need for a vehicle, ability to expeditiously replace the wreck, and coverage in your policy. Again, little can be said here without knowing

information on these varied factors.

Your last question cannot be answered. The type of situation you are outlining is largely irrelevant to the claims process and illustrates how you are going about this claim in a less than advantageous manner.

I am available if you would like a free initial phone consultation. If you would like to acquire my services, please feel free to contact me.

G. Joseph Holthaus III

(410) 799-9002

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Answered on 12/19/02, 9:17 am
Cotie Jones Jones & Associates

Re: Car Accident

While I intend no disrespect, what your message illustrates best is that you lack the knowledge or experience to handle the claims negotiation process to achieve the result you probably seek; while I am myself and avid diy'er in many areas, I have learned that in such critical matters, where one is untrained, you cannot both "do-it-yourself" and do it it right. Not to beat a dead horse, but the questions that you ask demonstrates that you have permitted the insurance company to define the parameters of the settlement discussion, because you are asking the wrong questions. You should consult an attorney about your case. (301)459-0400

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Answered on 12/19/02, 11:05 am


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