Maryland Injury Lawyers Blog

Although nothing in this post creates an attorney client relationship, here is some free advice to anyone injured in the Ride-On Bus Crash on Rockville Pike and Nicholson Avenue in Rockville, Maryland on April 22, 2013: Make sure you consult with an attorney and put Montgomery County on "Notice" of your claim as soon as possible. A personal injury lawyer can be helpful in making sure this is done correctly. Our law firm is handling claims arising from this bus accident and our preliminary opinion is that the crash was the result of the negligence of the bus operator and/or other employees of Ride-On (possible brake failure/negligent maintenance claims).

Call us at 301-589-2999 for a free personal injury consultation.

Ride-On is owned by Montgomery County Maryland. Therefore, injury claims against Ride On (or the bus operator) will fall under the Maryland Local Government Tort Claims Act which requires that proper notice be sent to the Montgomery County Executive by certified mail within 180 days of the bus crash.

Those injured in the crash should also notify their own automobile insurance company of the incident as there is a cap on claims under the Local Government Tort Claims Act of $500,000.00 per incident (for all claims) See Section 5-304 of the Maryland Local Government Tort Claims Act. . Since there were apparently about 12 vehicles involved in the collision, and likely numerous bus passengers injured as well, it is quite possible that the total value of all of the personal injury claims from the collision could exceed $500,000.00. In that case, those injured can make a claim with their own uninsured motorist carrier. Those injured in the crash should also make a claim for personal injury protection benefits (usually $2,500.00 but up to $10,000.00 in Maryland). A claim for Personal Injury Protection Benefits, also known as PIP benefits, requires that an application be filed with your own insurance company within a year of the incident. Our website has detailed information about Maryland Personal Injury Benefits and Maryland Uninsured Motorist Benefits.

Our law firm is handling claims arising from this Ride ON Bus Crash and we are happy to discuss your potential claim with you. We provide a free phone consultation, and if you hire us, there is no attorney fee or costs owed if there is no recovery in the case. You will never receive a bill from us. We only get paid if there is a recovery in the case. For more information call us at 301-589-2999 x102.

Nothing in this blog post creates an attorney client relationship. Our firm cannot and does not represent you in your particular claim unless and until a retainer agreement is signed with our law firm.

Many of the cases we handle involve an insured having to sue their own insurance company for benefits owed. These claims are technically breach of contract claims, and they can become very complicated. This week the Maryland Court of Special Appeals issued its opinion in Buckley v. The Brethren, and the opinion is favorable to Maryland consumers who purchase car insurance.

In this case, the car insurance company, The Brethren Mutual Insurance Company, tried to pull a fast one on its own insured and wiggle out of paying benefits owed. You see, the handling of an uninsured motorist claim in Maryland is complicated, and generally is based on statutes including Section 19-511 of the Insurance Article of the Maryland Code.

To make a long story short, Ms. Ember Buckley was seriously injured as a passenger in a car crash in March 2007 and she incurred over $100,000.00 in medical bills. The crash was caused by Mr. Harvey Betts who owned and drove the car that Buckley was a passenger in. Mr. Betts vehicle had just $100,000.00 of liability coverage, and was covered by Geico Insurance Company. Ms. Buckley had her own car insurance policy in which she paid a premium for up to $300,000.00 in uninsured motorist benefits (also known as underinsured motorist benefits). Ms. Buckley's $300,000.00 policy was with The Brethren Mutual Insurance Company. Geico made a settlement offer of its insured's $100,000.00 policy limit in exchange for a release. As they are required to do, GEICO sent the policy limits offer in writing, but GEICO asked for a full and general release.

In the State of Maryland, uninsured motorist claims are goverened by Section 19-511 of the Insurance Article of the Maryland Code. The law allows an injured person to accept a policy limits settlement offer from a liability carrier so long as the written offer is sent to the uninsured motorist carrier by certified mail pursuant to the statutue. The UM Carrier then has 60 days to consent to the acceptance of the policy limits offer (and allow for the injured person to execute a release), or to refuse to consent to the acceptance of the offer, but then to pay the amount of the offer to the injured person within 30 days of the refusal to consent. If the UM carrier consents to the acceptance of the offer (and presumably to the signing of a Release) then the UM Carrier waives its subrogation rights against the at fault party. If the Uninsured Motorist Insurer refuses to consent to the settlement, then the UM Carrier must pay the injured party the amount of the settlement, but its subrogation rights would be preserved (Because there would be no release).

In this case Ms. Buckley's lawyer sent Brethren Mutual the policy limits settlement offer by certified mail as required by the statute, and Brethren's insurance adjuster sent a letter back statuign that they waived subrogation against Mr. Betts. Ms. Buckley then accepted the settlement offer from GEICO but signed a very broad general release that in and of it self, at least arguably, released the UM claim.

When Ms. Betts presented her uninsured motorist claim to The Brethren Insurance Company, Brethren's adjuster denied the claim based on the broad language in the release signed by Ms. Betts. What is disturbing is that Brethren knew that it owed uninsured motorist benefits in this case, and took a ridiculous position in order to save money. The Brethren admitted that it had consented to the settlement, but then argued that it nevertheless could lawfully deny the uninsured motorist claim because of the language in the release. This is a great example of how generally speaking insurance companies look out for their own bottom line and are not looking out for their insureds.

In any event, the Maryland Court of Special Appeals ruled in favor of Ms. Betts and against the insurance company. The Court held that so long as the Circuit Court agrees that The Brethren consented to the settlement, the uninsured motorist benefits were owed and that the only issue for trial was the amount of damages owed to Ms. Buckley. (It should be noted that Judge Eyler filed a dissenting opinion).

Many of the cases we handle involve an insured having to sue their own insurance company for benefits owed. These claims are technically breach of contract claims, and they can become very complicated. Perhaps the most common type of claim we handle in this area is claims for uninsured motorist benefits. This week the Maryland Court of Special Appeals issued its opinion in Buckley v. The Brethren, and the opinion is favorable to Maryland consumers who purchase car insurance, and make a claim for uninsured motorist benefits.

In this case, the car insurance company, The Brethren Mutual Insurance Company, tried to pull a fast one on its own insured and wiggle out of paying benefits it clearly owed. You see, the handling of an uninsured motorist claim in Maryland is complicated, and generally is based on statutes including Section 19-511 of the Insurance Article of the Maryland Code.

To make a long story short, Ms. Ember Buckley was seriously injured as a passenger in a car crash in March 2007 and she incurred over $100,000.00 in medical bills. The crash was caused by Mr. Harvey Betts who owned and drove the car that Buckley was a passenger in. Mr. Betts vehicle had just $100,000.00 of liability coverage, and was covered by Geico Insurance Company. Ms. Buckley had her own car insurance policy in which she paid a premium for up to $300,000.00 in uninsured motorist benefits (also known as underinsured motorist benefits). Ms. Buckley's $300,000.00 policy was with The Brethren Mutual Insurance Company. Geico made a settlement offer of its insured's $100,000.00 policy limit in exchange for a release. As they are required to do, GEICO sent the policy limits offer in writing, but GEICO asked for a full and general release.

In the State of Maryland, uninsured motorist claims are goverened by Section 19-511 of the Insurance Article of the Maryland Code. The law allows an injured person to accept a policy limits settlement offer from a liability carrier so long as the written offer is sent to the uninsured motorist carrier by certified mail pursuant to the statute. The UM Carrier then has 60 days to consent to the acceptance of the policy limits offer (and allow for the injured person to execute a release), or to refuse to consent to the acceptance of the offer, but then to pay the amount of the offer to the injured person within 30 days of the refusal to consent. If the UM carrier consents to the acceptance of the offer (and presumably to the signing of a Release) then the UM Carrier waives its subrogation rights against the at fault party. If the Uninsured Motorist Insurer refuses to consent to the settlement, then the UM Carrier must pay the injured party the amount of the settlement, but its subrogation rights would be preserved (Because there would be no release).

In this case Ms. Buckley's lawyer sent Brethren Mutual the policy limits settlement offer by certified mail as required by the statute, and Brethren's insurance adjuster sent a letter back stating that they waived subrogation against Mr. Betts. Ms. Buckley then accepted the settlement offer from GEICO but signed a very broad general release that in and of it self, at least arguably, released the UM claim.

When Ms. Betts presented her uninsured motorist claim to The Brethren Insurance Company, Brethren's adjuster denied the claim based on the broad language in the release signed by Ms. Betts. What is disturbing is that Brethren knew that it owed uninsured motorist benefits in this case, and took a ridiculous position in order to save money. The Brethren admitted that it had consented to the settlement, but then argued that it nevertheless could lawfully deny the uninsured motorist claim because of the language in the release. This is a great example of how generally speaking insurance companies look out for their own bottom line and are not looking out for their insureds.

In any event, the Maryland Court of Special Appeals ruled in favor of Ms. Betts and against the insurance company. The Court held that so long as the Circuit Court agrees that The Brethren consented to the settlement, the uninsured motorist benefits were owed and that the only issue for trial was the amount of damages owed to Ms. Buckley. (It should be noted that Judge Eyler filed a dissenting opinion).

Practice Pointer regarding Maryland Uninsured Motorist Claims----Be sure that the letter from the UM Carrier clearly consents to the settlement and signing of a release with the liability carrier. Also, carve out the UM claim in any release signed.

The Maryland Automobile Insurance Fund (MAIF) has two roles--the first is to provide insurance to people who are turned down by other insurance companies. The second, more important function is to provide basic insurance coverage when there is no other coverage available. This is known as Unsatisfied Claim and Judgment (UCJ). Here are two common scenarios:
Scenario 1: An uninsured driver runs a red light and hits a pedestrian lawfully in the crosswalk. Because the driver didn't have insurance, the pedestrian may be able to make a claim through MAIF.
Scenario 2: An unknown driver cuts off an MTA bus, causing the bus to swerve into another vehicle. The negligent driver is never found. People injured on the bus may be eligible to make a claim through MAIF.
As you can see, a MAIF-UCJ claim can be made when the negligent driver's insurance cannot be found or does not exist. It may also apply where the other driver is from out-of-state, and has lower coverage than MAIF. Importantly, MAIF will not provide coverage where the injured person has available insurance, usually in the form of uninsured/underinsured motorist coverage http://www.marylandinjurylawyersblog.com/2012/01/protect-your-family-before-a-m.html (which we recommend--MAIF has very low limits, and we see many people who have medical bills that far exceed the $20,000 minimum).
Amount of Coverage
MAIF provides a maximum of $20,000 per person, and $40,000 per accident for UCJ claims. There is currently a bill before the Maryland legislature to increase these minimums to $30,000/$60,000, which would put it in line with the minimum insurance coverage for Maryland drivers.
Preserving your Rights
UCJ claims are one situation (the other is a claim against a local, state or federal governmental entity) where the victim absolutely should not delay in seeking a Maryland auto accident lawyer. http://www.gfmlawllc.com/lawyer-attorney-1666190.html The reason is that there are strict deadlines governing notice to MAIF. A person who intends to make a MAIF claim usually must present very specific information to MAIF within 180 days (roughly six months) of the accident.
The MAIF-UCJ rules are located in MD. CODE ANN. INS. § 20-601, et seq. Here are some things that are typically required (specific requirements may vary from case to case):
• Proof that the claimant is not eligible for uninsured motorist benefits through his own policy or a policy issued to a family member in the claimant's household
• Certification by the claimant's employer of all lost wages up to the date of the notice
• Evidence of all medical expenses and medical reports up to the date of the notice
• All police or accident reports
Additionally, Maryland Rule 15-804 http://www.lexisnexis.com/hottopics/mdcode/ requires the claimant to request a stipulation from MAIF that the claimant fulfilled all of the procedural requirements before being allowed to file a lawsuit. If the claim is against an unknown ("phantom") driver, the claimant may file a lawsuit against MAIF directly. If the driver is known, the lawsuit must be filed against that driver only, and MAIF will then intervene in the lawsuit.
Contact Us
If you have been involved in a hit-and-run accident, or if you have been in an accident with an uninsured driver, contact our lawyers at 1.888.213.8140, or online http://www.gfmlawllc.com/lawyer-attorney-1662537.html. Remember--there are strict deadlines about MAIF UCJ claims. If those deadlines are not met, you can be forever barred from making a claim for your injuries.
For More Information
• More on Maryland Hit-and-Run Auto Accidents http://www.gfmlawllc.com/lawyer-attorney-1666645.html --steps you need to take immediately after the accident
• More on Uninsured/Underinsured Motorist Coverage http://www.gfmlawllc.com/lawyer-attorney-1666695.html--how it can help to protect you and your family
• Maryland Automobile Insurance Fund website https://www.maif.net/emaif/home.html

Spring hasn't hit yet, but we have had some uncommonly good weather. It's only natural for thoughts to turn to warmer days. Some readers of this blog may be bicyclists, whether recreational or professional. Certainly, bike riding can be fun, healthy and environmentally-conscious. However, there are numerous safety concerns when sharing the road, and we encourage Maryland bike riders to be safe. Here's what you need to know about Maryland bicycle laws. Most Maryland laws on bicycle (and motor scooters) operation are found in the Transportation Code at §21-1201 to §21-1213.

Bicycle Rules of the Road
For most purposes, bicycles in Maryland are treated the same as motor vehicles. Here is an overview of key safety laws (there are some exceptions not covered here), with some important ones in bold:

• §21-1103: Driving on Sidewalk--bicyclists cannot ride on a sidewalk (except driveways) unless permitted by local ordinance. If permitted, bicyclists can also ride through crosswalks.


• §21-1205: Bicyclists shall ride as near to the right side of the road as possible when going below the speed of traffic, unless making a left turn, going down a one-way street, passing a vehicle, where the right lane is a turn-only lane, and where the lane is too narrow for a bicycle and motor vehicle to ride side-by-side.


• §21-1205.1: Bicyclists cannot ride on roads where the maximum speed limit is over 50 mph. Where there is a bike lane, it must be used in most circumstances.


• §21-1206: Bicyclists may not ride when carrying anything that prevents putting both hands on the handlebars (this may include cell phone use).


• §21-1207: Lighting--bikes must have lights and reflectors when the conditions are such that objects are not discernible at a distance of 1,000 feet.


• §21-1207.1: Helmets: Helmets are required for all bicyclists (except in Ocean City between the inlet and 27th street during certain hours).


• §21-1209: Drivers of motor vehicles must exercise care to avoid colliding with bicyclists, and must leave at least three feet when passing a bicyclist; a driver of a motor vehicle shall yield the right-of-way to a bicyclist in a designated bike lane or on the shoulder when the driver is entering or crossing the bicyclists lane of travel.


• §21-1210: Headphones--bicyclists may not wear headphones or earplugs that cover both ears, with some exceptions.

Safety
We see two main types of Maryland bicycle accidents:

1. The bicyclist is riding on a sidewalk or street against traffic, and a driver pulling out of a perpendicular driveway, parking lot or street does not see the bicyclist because he is looking at traffic coming in the other direction; and
2. The bicyclist is riding on the road or sidewalk as allowed, and crosses an intersection when a motorist coming in the opposite direction makes a left turn and pulls in front of the bicyclist.

In each of these cases, the driver is negligent and has failed to pay attention. The first example is a harder case, because the bicyclist may be negligent for going the wrong way. However, our lawyers are experienced at arguing that the bicyclist's negligence, if any, was not a direct cause of the accident. It could have been a pedestrian, lawfully walking, that the driver hit.

Bicyclists should be especially aware of other cars in these situations. Extra caution may help bicyclists to avoid inattentive drivers.

As an aside, I'm proud to be a member and former past president of the Maryland Association for Justice. Every year since 2000 we team up with the Safe Kids Coalition to raise money and purchase bike helmets for elementary school students. We take a day every year to visit a school and properly fit the helmets on the children as part of a bike safety campaign. We have supplied over 6,500 helmets.

Personal Injury Protection (PIP) for Bicyclists
Bicyclists are entitled to Personal Injury Protection (PIP) benefits. PIP is no-fault insurance coverage that pays medical expenses, lost wages and other expenses, up to $10,000. The amount of PIP coverage depends on the insurance policy--the most common amount of PIP in Maryland is $2,500. When a bicyclist is injured in a Maryland car accident, he or she can usually go through the PIP insurance of the other vehicle, regardless of fault. One significant exception is where the other driver has waived PIP coverage, or where the other vehicle is a bus, taxicab or motorcycle (most insurance companies do not provide PIP for motorcyclists).

Uninsured/Underinsured Motorist Insurance
In most cases, when a person is in an accident, and the at-fault driver is either (a) uninsured; or (b) has less insurance than the injured person, the injured person's UM/UIM insurance will apply. Uninsured and Underinsured motorist coverage are somewhat deceptive names. As drivers, part of our premiums go toward this insurance to make sure that we are protected when other driver does not carry enough insurance. Fortunately, this insurance is available to injured bicyclists. Because bicyclists are at higher risk for significant injuries when involved in a car collision, we recommend that they get the highest UM/UIM insurance that they can afford.

Property Damage
Like any Maryland automobile accident, the at-fault driver's insurance is responsible for the cost of repair or fair market value of any property damaged or lost in an accident. For bicyclists, this usually includes the bike, clothing, and any personal property they were carrying at the time. Importantly, the helmet is also covered, and should not be reused after a bicycle accident. Helmets that sustain any sort of impact may have unnoticeable defects that increase the risk of injury in a later accident. If you are involved in a bike accident, do your best to keep track of the cost of repairs and the cost to replace any lost items.

Contact Us
If you have been injured in a Maryland bike accident, and you have questions about insurance or a bike accident lawsuit, please contact us at 1.888.213.8140, or online. We would be pleased to discuss your concerns over the phone or at one of our convenient locations in Silver Spring, Reisterstown or Columbia.

For More Information

• Maryland Motor Vehicle Administration: Current Bicycle Laws (October 2010--it's slightly outdated)
• Maryland Transportation Code: Bicycles (§21-1201 to §21-1213)
• Choose Safety For Life

Before we get started, and since I know many of my friends have a short attention span and won't read this entire blog entry---I want to share with you what are, in my personal opinion, 4 critically important things you should know when buying car insurance in Maryland: (i) Always get as much PIP (Personal Injury Protection) Insurance as you can afford; (ii) Never waive PIP Coverage; (iii) Buy liability/bodily injury insurance in an amount that equals the value of your assets (consider an umbrella policy if necessary for extra protection); and (iv) Be sure to purchase collision coverage and rental coverage. Yes....it is worth paying the extra premiums for this protection. For more information about the various types of Maryland car insurance coverage, visit our website.

There are two types of people--those who have been in a car accident, and those who haven't. Those who haven't been in a car accident are blissfully unaware of the problems and complications that car accidents cause. They don't understand how even minor accidents jolt the body enough to cause minor but persistent aches and pains. They don't understand how inconvenient it is to have to deal with insurance companies, doctors, repair shops and bills after an accident. They don't understand a car accident is not the "jackpot justice" that the media portrays. They usually don't understand how Maryland automobile insurance really works.

Then there's the second group--those people who have been involved in an accident. They understand how even a minor accident can be serious. No matter the size or severity, car accidents have a big impact on our lives--they disrupt our schedules, cause traffic tie ups, disrupt our family routine, and cause us some degree of discomfort, if not outright pain. Whether people in this second group try to handle their own accident claim, or whether they hire a lawyer, they begin to understand the true importance of automobile insurance.

In this post we're going to explain the most important aspects of your automobile insurance policy. It's not just to protect you when you accidentally cause a collision. It's also to protect you when someone negligently causes a collision with you.

Insurance 101

Personal Injury Protection (PIP)
PIP is no-fault insurance that pays very quickly after an accident. PIP is personal--your PIP will pay you (and typically anyone in your car). It is used for all necessary accident-related expenses incurred within three years of an accident, though it is usually used for medical expenses and lost wages. The deadline to apply for PIP in Maryland (for Maryland insurance policies), through your insurance company, is one year from the date of the accident.

It doesn't matter who is at fault in a collision--your PIP policy will pay for your expenses, and using this insurance generally should not raise your rates. By default, every policy of insurance has $2,500 in PIP unless specifically waived. There are strict rules in Maryland about how to waive PIP that include a signed form. Unfortunately, there are no rules about renewal of the PIP waiver. We have seen cases where a client waived PIP ten years ago, and that waiver applies today despite never signing any new paperwork. Importantly, a waiver of PIP does not apply to children under the age of 16, who are always covered by at least $2,500. Recommendation: do not waive PIP. The reduction in your insurance premium is very minimal. In fact, we advise our clients to increase their PIP to the maximum. In Maryland, most insurance companies write policies for PIP (sometimes in conjunction with MedPay) up to $10,000. $10,000 will make it more likely that you can pay for your medical bills after a collision, and will take care of any lost wages from forced time off of work. For more information about Maryland PIP Coverage visit our website.

For smaller personal injury cases involving connective tissue injuries, whiplash, and relatively minor back strains, the amount of PIP coverage that you have is perhaps the most important component in determining how much you can get--in your pocket-- in an automobile claim or automobile lawsuit. This is because Maryland has a rule called the collateral source doctrine. Under the "collateral source rule", you are allowed to recover the cost of damages (like medical treatment and lost wages), even though another source (like your own health insurance or vacation/paid leave) paid for those damages. If you have $10,000 in PIP, and you have $5,000 in medical expenses, PIP will pay the full $5,000. Then, in your lawsuit against the negligent driver you can claim the entire $10,000.00 in medical expenses again including the $5,000 in medical expenses that were already paid by your Personal Injury Protection Insurance. The idea is that the negligent driver should not get a free ride because you dutifully paid your insurance premiums. The at fault driver in a Maryland car accident is responsible for the fair and reasonable value of the cost of the medical care you had to get and for your other damages.

Bodily Injury/Liability Coverage
Bodily injury/Liability Insurance Coverage pays the claims of other people who are injured if you negligently caused the collision. The risk in not having a high bodily injury component is that claimants may try to recover for their injuries through your personal assets. Recommendation: We recommend that drivers have at least $250,000 toward bodily injury. If you have personal assets in excess of that amount, then you should have Liability/Bodily Injury coverage in the amount of your assets/net-worth.

Collision Insurance Coverage
Collision coverage is a provision in your policy for repair or replacement of your vehicle if it is damaged in a collision. I have seen too many cases in which my clients have not purchased collision coverage either because they do not think they will ever be at fault for an accident or because they just dont think they need it. This is a mistake. This coverage is often the only way to get your car fixed quickly after an accident. The at fault driver's insurance carrier may delay in making repairs to your car for a variety of reasons, and without collision coverage, you may be left without a means to get to work if you do not have this coverage. There is more information about Maryland car accident property damage claims on our website.

Rental Coverage
Another level of collision coverage is for rental coverage. This coverage will generally pay for 30 days of a car rental after a collision regardless of who is at fault in the car accident. This is important coverage to have.

Even if the other driver caused the accident, you may have to go through your insurance to get your car repaired, or to get the fair market value if your car was totaled. This could be because the other side's insurance company denies liability, or because they have problems getting in touch with their insured. Recommendation: Get collision coverage and rental coverage for every vehicle that your family is dependent on. If you choose not to purchase this coverage, make that choice knowing that if you are involved in a Maryland car crash, you may not be able to get your wheels back as quickly as you may like.

Fair Market Value
Maryland does not permit accident victims to recover the replacement costs of their vehicle. If your vehicle is totaled, you are entitled to the fair market value--the cost to replace the vehicle in its pre-accident condition. Insurance companies and attorneys rely on several guides to determine fair market value, including NADA and Kelley Blue Book.

Deductible
When you repair or replace your car after an accident through your own insurance, you will probably have to pay a deductible. This is typically $250 or $500 toward the total cost. Your insurance company may try to recoup their costs from the other driver's insurance company. If they do, they will reimburse you for the cost of the deductible. If you hire a personal injury lawyer, he/she should help fight to get your deductible back.

Gap Insurance
If your car is totaled and you do not own it outright, you run the risk of owing additional money on your car after the insurance company (whether yours or the other driver's) pays the fair market value of the vehicle. This can put Maryland Accident Victims a bad situation, particularly if you need to buy or finance a new vehicle. Recommendation: You should check with the financing company or your insurance about Gap Insurance, which will make up the difference between what you owe and the fair market value of your car.

Underinsured Motorist Coverage (UIM)
Underinsured Motorist Coverage is meant to protect you if you are in a collision with someone who has insufficient insurance coverage to pay your medical expenses (or someone who has no insurance). For example, if the negligent driver only has the Maryland minimum insurance of $30,000, and your medical expenses are $100,000, you will end up owing $70,000 in medical expenses. However, if you have $250,000 in UIM, then your insurance company will pay that extra $70,000 (if they agree about the reasonableness of your bills, or if a judge/jury tells finds in your favor). Recommendation: Because a serious accident can be devastating physically and financially, and because so many drivers only carry the minimum of $30,000 in insurance, we recommend that all Maryland drivers have at least $300,000 in UM coverage. This coverage is vitally important because it protects you and resident relatives who live in your household.

Uninsured Motorist Coverage (UM)
Nationally, one in seven drivers (13.8%) is uninsured. In Maryland and the District of Columbia, the number is 15%, while Virginia has 11%. Those figures are based on 2009 data, and it is generally understood that these numbers keep rising with the recession. Because of the risks of being involved in a car accident with a vehicle that is uninsured or with an uninsured driver, the best way to protect your family is through Uninsured Motorist Coverage. UM basically makes your insurance company step in to pay for anything that the negligent driver would be responsible for, up to the limit of your policy. For example, if you are in an accident with an uninsured driver and you have $100,000 in medical bills and lost wages, then your insurance company will pay $100,000 to you if you have that much or more in UM coverage (if your insurance company agrees about the reasonableness of your bills, or if a judge/jury tells finds in your favor). Recommendation: The same rationale applies for UIM coverage (and, UM/UIM is always purchased together). We recommend that all Maryland drivers have at least $300,000.00. It protects you and resident relatives of your household.

There is more information about uninsured motorist claims and underinsured motorist claims on our website.

Contact us

If you have questions about your Maryland car insurance policy, or if you have been in a Maryland, Virginia or District of Columbia car accident, contact us at 1.888.213.8140 or online.

Unfortunatley there was another terrible tour bus accident in New York this weekend that has killed and/or injured residents of the Washington, D.C. area. Our thoughts and prayers go out to the families of those involved in the crash. The purpose of this blog post is to provide some preliminary information to the Washington, D.C. Victims of the bus crash that may be helpful. This does not create an attorney client relationship though. If you are interested in hiring a lawyer for the crash, call us at 888-213-8140 or email me at kgoldberg@gfmjustice.com. Whether victims of the crash hire our firm or another firm, I strongly suggest that the victims and families of those killed hire a lawyer promptly for this kind of serious accident case.

The Bedore tour bus was carrying passengers from Washington, DC to the Niagra Falls area of New York. Two passengers were killed and 35 other Bedore passengers suffered injuries---news groups have reported that the passengers were mostly from India. The accident happend in Steuben County, NY on Interstate 390. While the cause of the crash is still under investigation, preliminary indications are that it was caused by either a tire blow out or by the tour bus driver falling asleep (a passenger has reported that the driver fell asleep).

Our law firm has been actively involved in prosecuting and investigating the May 31 tour bus crash in Virginia. The tour bus industry is under intense scrutiny by the Federal Motor Carrier Safety Administration as there have been a huge uptick in fatal accidents on tour busses. Frankly, the tour bus industry needs to do a much better job of regulating itself, making sure that its busses are safe and properly inspected, and making sure that the drivers are not overworked and have adequate training and supervision. At first glance, it appears that the company that owned the tour bus, Bedore Tours (DOT # 16811) out of North Tonawanda, NY, has a satisfactory safety record (satisfactory as of 2/10), further investigation is necessary to confirm this. To learn more about the safety record of Bedore Tours, you can look on the Federal Motor Carrier Safety Administration Website, or click here to see the relevant reports Bedore Tours FMCSA.pdf.

Although we do not know for sure, it seems that the bus crash was likely caused by driver inexperience, the driver falling asleep at the wheel, failure of Bedore to conduct proper safety inspections and maintenance of th bus.

Public Records indicate that the Bedore Tour Bus that crashed in New York had only $5,000,000.00 in insurance coverage to cover alll claims relating to the crash. While $5 Million Dollars sounds like a lot of coverage, this is basically the minimal limits for this kind of tour bus, and unfortunately, may not be enougth to properly compesate the Washington, D.C. District of Columbia individuals and families off of those injured and/or killed in the crash. The insurance policy probably also has MedPay and/or PIP coverage that may cover up to a certain amount of medical bills and/or funeral expenses (often with this kind of insurance policy it is a low amount of Medpay Coverage---likely $2,000.00-$5,000.00 per passenger). The Washington, D.C. victims of the Bedore Tour Bus crash should notify their auto insurance carrier of the bus crash and talk to a lawyer about possibly making a claim for uninsured/underinsured motorist coverage in case the liability coverage on the bus/driver is not adequate to cover all losses. Also, the Washington, D.C. victims may have PIP coverage on their auto policies that may cover medical expenses but making a PIP claim in Washington, D.C. can be tricky, must be done within 60 days of the loss and you will possibly give up your right to pursue a liability claim. Victims should speak to a lawyer before making a PIP claim on any auto policy issued in the District of columbia. For more information you can call us at 888-213-8140.

Again our thoughts and prayers go out to the families of those affected by this tragic accident. My advice is that anyone injured in the tour bus crash, and the families of those killed in the crash should hire a lawyer who can hold those responsible for the crash accountable and make sure that the victims are properly compensated. We are here to help and the consultation is free. 888-213-8140 or check out our website www.gfmlawllc.com or email me at kgoldberg@gfmlawllc.com.

Kevin I. Goldberg
Goldberg, Finnegan & Mester, LLC

Lawyers handling Maryland car accident claims and personal injury claims need to be aware that On Friday April 28, 2011 the Maryland Court of Special Appeals issued a new opinion that basically changes what everyone presumed was the law relating to breach of contract claims against the Maryland Automobile Insurance Fund (also known as MAIF). Prior to the opinoion in Mary Katherine Daughton v. MAIF, the legal community assumed that the statute of limitaitons for bringing a claim against MAIF for the auto liability insurance policy personal injury protection benefits and/or uninsured motorist benefits was 3 years from the date of accident. This opinion changes this. The Court held that MAIF is a State Agency and that therefore a breach of contract action against MAIF must be brought within 1 year. The Court based its reasoning on Maryland statute 12-202 of the State Government Article of the Maryland Code which provides that claims against State Government Agencies must be made within 1 year.

Lawyers and pro se claimants need to be aware of this change in Maryland Law and make sure that suit is filed promptly in any breach of contract case against MAIF for Maryland uninsured motorist benefits or Maryland personal injury protection benefits. A copy of the opinion can be found at BAD OPINION ABOUT CLAIMS AGAINST MAIF IN MARYLAND maif opinion Daughton.pdf

MAIF is basically an insurance company of last resort for drivers who do not qualify for reasonable rates with other auto insurance liability carriers like State Farm, GEICO and Allstate. MAIF policies are typically (but not always) written for minimal limits but do provide for personal injury protection coverage and uninsured motorist coverage. claims for the PIP and UM benefits are brought via a breach of contract cause of action against MAIF.

Don't let State Farm fool you with their new partnership with the Maryland State Highway Administration whereby they are apparently paying over a million dollars to the State of Maryland in exchange for putting State Farm's logo (and likely its good neighbor slogan) on the State Highway Emergency Vehicles and billboards throughout the State

As Maryland personal injury lawyers representing individuals who are seriously injured or killed in Maryland car accidents,the Maryland car accident lawyers at Goldberg, Finnegan & Mester have seen too many occasions where State Farm has treated our clients and even their own insureds just terribly. In fact, because of State Farm's unreasonableness in car accident settlement negotiations, our lawyers have obtained several jury verdicts in Maryland in excess of State Farm insureds policy limits. The car accident lawyers at Goldberg, Finnegan & Mester have obtained at least two jury verdicts in the last several months against State Farm insured drivers in which the verdict was well in excess of the insured's policy limits--both in Prince George's County Maryland. Our lawyers have also represented many individuals insured by State Farm with uninsured motorist coverage. When State Farm Insurance Company insureds are seriously injured and need the benefits of their uninsured motorist coverage, State Farm often will make a very lowball settlement offer thus forcing the insured into litigation or binding arbitration with State Farm. This is unfortunate.

The point is really a simple one. When the State of Maryland Emergency Roadside Assistance Vehicle comes up to your car after a crash and you see the State Farm logo and/or good neighbor message on the maryland highways, don't think that they are just philanthropic do gooders. State Farm made a business decision that this advertising campaign will save them money. If you are injured by a driver insured by State Farm Insurance Company, or if you are injured and have uninsured motorist benefits with State Farm, call the lawyers at Goldberg, Finnegan & Mester at 888-213-8140 for a free telephone consultation. For more information about uninsured motorist benefits in Maryland click here.