Legal Question in Personal Injury in Maryland

Uninsured Motorist Coverage

Is there a statute of limitations as regards to filing suit against claimants own carrier under the Uninsured portion of there policy, (applicable to the State of Maryland). If so, under what circumstances does the statute apply.


Asked on 5/07/04, 10:38 am

2 Answers from Attorneys

Robert Sher Wagshal and Sher

Re: Uninsured Motorist Coverage

The statute of limitations in MD for these kinds of actions is essentially 3 years. When you sue your insurance company for an uninsured motorist claim, it constitutes a breach of contract action. Technically you have 3 years to file suit from the time the contract is breached. If more than 3 years has passed since the accident, you could argue that the 3 years started to run when the insurer refused to settle your claim. But if not, to be on the safe side, file within 3 years of the accident date.

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Answered on 5/07/04, 12:01 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Uninsured Motorist Coverage

The limitations period is generally 3 years. Specific notice issues may apply to UM claims. Also UM claims may present other issues. A UM claim needs to address specific aspects in order to be perfected. I handle personal injury claims, contact me to discuss. You should contact an attorney.

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Answered on 5/07/04, 3:47 pm


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