Legal Question in Personal Injury in Maryland

Insurance Company Bad Faith Liability

I was rear ended and the insurance co. will not pay my medical bills. What action should I take to recover the expenses and am I able to sue for more than my policy caps?

Secondly, how would I sue the driver for negiligence due to his admitted use of a cell phone at the time of accident?


Asked on 9/03/00, 10:31 am

2 Answers from Attorneys

Re: Insurance Company Bad Faith Liability

Maryland has no fault insurance for all insured drivers for a minimum amount of $2500.00. Unless you waived this insurance they must pay all medical bills up to the $2500.00 limit that are a direct result of the accident. If they refuse to pay, you should contact an attorney to assist you in this matter. You can sue the other driver up to $25,000.00 in Maryland District Court. I suggest you contact an attorney to handle this for you. The attorney fee will normally come out of the money he recovers. Most attornies will not charge you to get your no fault medical bills. Call an attorney today as there is a statutory period when you can claim no fault (PIP) and for filing suit in District Court.

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Answered on 10/04/00, 6:54 am
Lawrence Holzman Holzman Law Firm, LLC

Re: Insurance Company Bad Faith Liability

Maryland requires a particular type of coverage in auto policies known as "PIP" (personal injury protection). Unless you waived it, you probably have such coverage on your own policy in the minimum amount of $2,500 (you could have more if you so elected). Please note that there are strict and short time limits to apply for such coverage, and their are also time limits to bring law suits against the driver that hit you, and against the insurance company if they fail to pay according to the policy. I would be happy to chat with you briefly without charge about the specifics of your case. I may be reached at 301/220-2200.

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or priviledged and does not create an attorney/client relationship.

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Answered on 10/04/00, 12:42 pm


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