Friday, May 6, 2011
WHAT IS MY PERAONAL INJURY CASE WORTH Uninsured or Underinsured. What if My Insurance Company Won't Pay?
Let's say you have the misfortune of being injured in an automobile accident, and you sustain personal injuries, incur medical bills, and experience wage loss. What if the at-fault-driver had only 20,000 in coverage, and your losses well exceed that amount? What if the at-fault-driver had no coverage at all? You'll want to consult with a Baltimore personal injury lawyer. In the scenario where the at-fault driver did not have enough coverage, you would look to you insurance company and your [first party] coverage for "underinsured motorists" as an additional source of funds for you to recover. In the scenario where the at-fault driver had no coverage, you would again look to you insurance company and your coverage for "uninsured motorists" as an additional source of funds for you to recover.
What if you insurance company refuses to pay you?You'll need to consult with a Baltimore personal injury lawyer. You may legitimately ask "why did I pay those premiums all those years?" You may also want to sue them. You have a few options. One is a procedure under 3-1701 of the Courts and Judicial Proceedings Article. You must first file an administrative action with Insurance Administration. The Administration is to determine if you insurance company breached its obligations to you, what is should pay you, and if it acted in bad faith [failed to act with honesty or diligence, or made a decision without supporting evidence]. If you're not happy with the final result, you can file an action is Circuit Court, and request a trial by jury on these issues of 1] whether coverage exists under you policy 2] the amount you insurance company should pay you for your personal injuries 3] whether your insurance company acted in bad faith by not paying you. If they failed to act in good faith, you can recover for your attorney's fees, litigation costs, and interest.