Re: Hit-and-Run
Under Maryland law, personal injury protection (PIP) is "non fault" insurance.
However, also under Maryland law, PIP protection for use of a motorcycle does NOT
attach to a policy unless specifically scheduled. This means you should have a separate
PIP cost that is itemized in your policy and a separate rider to your policy. PIP
coverage is the first place to go. If you have PIP coverage, certainly take advantage of it.
I am currently representing a case where the automobile and health insurers are seeking
to "apply" the PIP to their advantage. They certainly were not able to do this with my client
and, for a reasonable fee, I can provide the same service to you. This maximizes your use of PIP
and not to the advantage of the insurance companies.
Although PIP is usually the first to pay, it is also usually the least in amount. You have coverage
available through the uninsured provisions of your policy and related law. Filing a claim to pursue uninsured
coverage is not always an easy matter and the insurance company is almost always reluctant to pay coverage without a challenge.
Technical arguements may be raised by the insurer. They may also present factual positions on matters
such as contributory negligence, assumption of risk, or failure to minimize injury or avoid injury via the last clear chance.
Once claims are paid under health insurance, presuming you have this coverage, then they will seek to subrogate against the automobile insurer.
This basically means the health insurer will "step into your shoes" and file a claim to recover its costs against uninsured automobile coverage. Depending
on how the numbers in your particular case work, you could be left with nothing as the health insured could retain the entire benefit of the auto insurer's policy limit. There
are ways to address this as well, however, an attorney's assistance is advised.
Your matter rests upon the facts and the presentation of a solid claim against your insurance company for uninsured coverage. An attorney
is HIGHLY advised when dealing with these matters. The insurance company has its lawyer, you should too!
Please feel free to contact me for a free telephone discussion. My fees are reasonable, and my percentages for recovery are competitive.
G. Joseph Holthaus III
(410) 799-9002
gjholtattorney@netscape.net
