Maryland Car Accident Legal Questions

We need more information (e.g. do you have to reimburse your attorney for expenses, are there outstanding medical bills that will need to be paid from the settlement, are there any other liens on your personal injury recovery).  Also, I do not think that you mean 1.3 %.  Perhaps you mean 33% or 1/3.... Read More

The insurance company is correct.  In Maryland (and it is my understanding that the law is the same in all states) the law only requires that the insurance company pay you the value of your vehicle and not what you owe the bank on the loan.  You have the right to dispute the value of the vehicle if you can come up with proof that the vehicle is worth more money that what the insurance company claims is the value of the vehicle.  Proof of the value of the vehicle can come from different sources (e.g. a used car dealership, the value of a similar vehicle listed in the newspaper or on the internet).  Good luck with this matter.... Read More

Your license will only be suspended if you accumulate a certain amount of points on your driving record.  You do not state whether the officer gave you a ticket/citation as a result of the accident.  If you did receive a ticket/citation, I suggest that you consider hiring an attorney to go to traffic court with you.  If you review the Maryland Motor Vehicle Administration website, it should explain to you how many points are needed before a driver's license is suspended.  Good luck with this matter.... Read More

Yes, but only if the injured party has a cause of action against you and/or your wife (e.g. if your son was doing an errand for your and/or your wife, if you or your wife negligently entrusted the vehicle to your son and should not have done so, etc.).  If the injured party sues you and/or your wife, the auto insurance company for the truck owned by you and your wife will hire an attorney to represent you and/or your wife.... Read More

If there were no bodily injuries, you can likely handle the property damage on your own by contacting the insurance company for the tractor trailer or you own auto insurance company if you had the proper coverage for this type of damage done to your vehicle.  Good luck with this matter.... Read More

It is my understanding that the MD Lemon Law Statute only applies to new vehicles.  You might be out of luck if the warranty that came with the used vehicle has expired.  I suggest that you speak with the Office of the MD Attorney General which has a Consumer Protection Division.  I believe they will know what rights, if any, you have against the used care dealership.  Good luck with this matter. ... Read More

If the driver with no license was operating a vehicle that was insured, I would start with that auto insurance company.  If there is no auto insurance on the vehicle operated by the person with no license, then your husband is eligible to make a claim against the auto insurance under the Uninsured Motorist coverage for the vehicle your husband was operating.  If your husband was injured in the accident, I suggest that you husband hire an auto accident lawyer.  Good luck with this matter. ... Read More

It depends on what was the understanding between you and your attorney.  If your attorney turned over to you the net settlement minus the attorney fee, expenses incurred in handling your file and payments made to any providers with outstanding bills, then it would appear that you are responsible for any other outstanding bills.  It also might depend on whether the surgeon cashed the check that your lawyer marked final payment. As the patient, you are ultimately responsible for any medical bills that you incur.  I would suggest that you have the lawyer who handled the case, assist you in negotiating with the surgeon in hopes that the surgeon will accept a reduced amount. I suggest that you sit down with your lawyer and try to work out this issue with the surgeon's office. Good luck with this matter.... Read More

I suggest that you consider hiring an attorney to go with you to traffic court.  Good luck with this matter. As to the tow truck issue, I suggest that you call the State Police and find out what are the rules regarding whether you can call your own tow truck or whether you have to use one of the companies with a contract with the State Police.  You could also inquire with your insurance company as it might know the answer to the above question.... Read More

If you did NOT know that your mother had a revoked license your auto insurance company might provide coverage for this accident.  I suggest that you and your mother fully cooperate with your auto insurance company to prove that you did NOT have knowledge of her revoked license and that you gave permission to your mother to operate your vehicle. Other the other hand, if you did know your mother had a revoke license your auto insurance company is likely to deny coverage for this accident.  If this occurs, it likely means that you and your mother will be personally/financially responsible for the damages caused in this accident. I do not believe you can file criminal charges against your mother since you gave her permission to drive.  On the other hand, you might want to pursue a civil lawsuit against your mother if you end up being sued personally/financially for the damages caused by the accident. Good luck with this matter.... Read More

Review your auto policy to determine if you are required to give an EUO.  You could also call the MD Insurance Administration and talk to someone there about your rights regarding this matter.  Depending on how much it will cost to repair the vandalism, you could hire an attorney to represent you in this matter.  Good luck with this matter.... Read More

The incident that you describe does potentially fall under your bodily injury uninsured motorist coverage.  Since you mention that you were severely injured, I highly recommend that you immediately hire a lawyer who handles motor vehicle collision cases.  Best of luck with this matter.... Read More

You have the right to hire or fire a lawyer at anytime so yes another lawyer might take your case.  I suggest you speak with other lawyers to see if you can find someone to take on your case if you are not happy with your first lawyer.  A new lawyer will work out a fee arrangement with your current lawyer so that you are still only paying one legal fee which will be divided in someway between your current and new lawyers.... Read More

Normally a vehicle in Maryland making a left turn on a solid green signal, must yield the right-of-way to all oncoming traffic.  I suggest that you speak with your insurance company to determine if you meet any of the exceptions that would instead make the other driver solely at fault or perhaps makes both of you at fault for the collision.  Good luck with this matter.... Read More

Sometimes if an attorney is not receiving a response from an insurance company to a demand letter, he/she will file a lawsuit to prove to the insurance company that he/she is not afraid to litigate the matter.  Perhaps that is what your attorney is doing. For legal reasons, a lawyer always demands more in a demand letter or in a lawsuit than what the claim is actually worth. Your contingency contract sound very similar to those that I have used for over 18 years at 4 different law firms.  The only suggestion that I have is that you should confirm whether the costs are waived if there is no recovery.  Most but not all attorneys waive the costs if there is no recovery. Good luck with this matter.... Read More

There is no way that an attorney can predict the value of a case based upon an e-mail. I highly suggest that all 7 of you immediately hire an attorney to handle this matter.  Most of the injuries that you mention will be covered by auto insurance (from one or both of the cars "road raging" and possible the personal auto insurance of those injured if the two road ragers do not have enough insurance coverage to cover all of those injured).  The cancer will obviously not be covered because it was not due to the road rage incident. This is a complicated auto collision claim based upon the number of people injured and the types of injuries so I cannot stress enough how important it is to immediately hire an experienced attorney who handles auto collision claims.... Read More

As long as you can prove the car belongs to you (a receipt from the seller, for example), you are entitled to the property damages. If your own insurer is paying for the damages, they should send you the check; if they send it to anyone else, something is very wrong. If the seller of your car finds out it has been damaged, he has no rightful claim for damages, so if he claims those damages as his own, you may need an attorney to make sure the money comes to you.... Read More

It sounds like you are the beneficial owner of the car since you "bought" the car from someone else. Therefore, you should get the money. Because you haven't transferred title to your name, the insurance company will probably want a release from both of you. If the person from whom you purchased the car advises the insurance company that it is OK to make the payment to you, then the insurance company will do that. If not, you may have to go to court to get the money.... Read More

It depends on why the title is still in the former owner's name. If it is because the former owner is financing the car and has a lien on it, then the former owner is entitled to the money. If it is because the former owner has not yet transferred title but is intending to (in the other words the owner "hasn't gotten around to it yet"), then you should get the money. However the insurance company might insist on paying the title holder unless it gets a written release from him.... Read More

Generally it is up to the insurance company to declare a vehicle a total loss.  An insurance company is not required to declare a vehicle a total loss just because the insured owner requests that it be done.  You can also call or check the website of the Maryland Motor Vehicle Administration to determine if there are any rules regarding when an insurance company must declare a vehicle a total loss.... Read More

Yes, because the policy that was active on the date of the collision provides the UIM coverage.  It does not matter what happens to the policy after the date of accident.  If you do not already have an auto accident lawyer assisting your daughter, I highly suggest that you hire one since it come can become complicated settling with the at fault driver's liability carrier and preserving your daughter's UIM rights with her insurance company.... Read More