Sample Underinsured Motorist Complaint in Maryland Circuit Court

Below is a sample underinsured motorist lawsuit filed in Baltimore City Circuit Court.  The at-fault driver had an insurance policy but it was not enough to satisfy the claim because it was only a $100,000 policy.  The plaintiff had a $500,000 uninsured/underinsured motorist policy with GEICO.

• How underinsured claims work in Maryland
• Interrogatories to serve in an uninsured or underinsured case

Emily Besse

– Plaintiff

v.

Curtis P. Monrow
– Defendant

IN THE CIRCUIT COURT FOR BALTIMORE CITY
CIVIL ACTION NO.:

COMPLAINT

Plaintiff, Emily Besse by her attorneys, Ronald V. Miller, Jr., Laura G. Zois, and Miller & Zois, LLC, and sues the Defendants, Curtis P. Monrow and GEICO. In support of this claim, Plaintiff states:

JURISDICTION AND VENUE

1. Plaintiff currently resides in Annapolis, Maryland.
2. Defendant currently resides in Los Angeles, California. At the time of the motor vehicle accident that is the subject of this lawsuit, she lived in Columbia, Maryland.
3. That the Co-Defendant, GEICO, conducts business in Baltimore, Maryland and is duly authorized to write automobile liability insurance policies in every county in the state.
4. On December 15, 2020, the Plaintiff was operating a GEICO insured 2020 Telsa X traveling southbound on Hilton Parkway near its intersection with Edmondson Avenue in Baltimore, Maryland.
5. At the same time and place, the Defendant, Curtis P. Monrow, was operating a 2015 Ford Explorer  traveling southbound on Hilton Parkway near its intersection with Edmondson Avenue in Baltimore, Maryland.

COUNT I – NEGLIGENCE

The Plaintiff incorporates by reference herein all of the above paragraphs.

6. Defendant Monrow had a duty to operate his SUV with reasonable care and with due regard for others using the road. He breached that duty when he rear-ended the Plaintiff at a high rate of speed. He was driving his SUV in a reckless and careless manner by failing to maintain proper control of the vehicle, causing the vehicle to strike the Plaintiff’s vehicle.
7. The collision was caused solely by the negligence and lack of due care on the part of the Defendant with no negligence on the part of the Plaintiff contributing thereto.
8. As a direct and proximate cause of the accident, the Plaintiff has suffered serious and grievance physical injuries and these injuries are permanent in nature and caused Plaintiff to suffer continuous pain since the day of the accident.
9. As a further proximate result of the accident, the Plaintiff has been required, and will continue to undergo medical care and numerous diagnostic procedures with associated pain and discomfort.
10. As a further and proximate result of the accident, the Plaintiff has suffered, and will continue to suffer anxiety, fear, and emotional stress associated with the accident and his/her injuries. Specifically, she suffered a broken hand, a fractured wrist (get settlement value), and a C5/C6 herniated disc injury requiring two surgeries. Plaintiff suffered serious and permanent injuries. She cannot work or perform even basic household chores. She has suffered — and will continue to suffer — pain of both body and mind. Plaintiff has medical bills that she has suffered from this negligent act and will continue to suffer in the future according to her doctors.
11. As a further and proximate result of the accident the Plaintiff has incurred, and will continue to incur substantial medical expense and loss of employment income.
12. As a further direct and proximate result of the accident and the Defendant’s negligence, the Plaintiff has incurred substantial damage to her vehicle and loss of the use of her vehicle.

WHEREFORE, Plaintiff Emily Besse demands a judgment against Defendant Monroe for a dollar amount gin excess of $75,000.00, This claim is made both jointly and severally, This court should also, if it deems appropriate, award costs, pre-judgment interest, and post-judgment interest.

COUNT II – BREACH OF CONTRACT

The Plaintiff incorporates by reference herein all of the above paragraphs.

13. At the time of the accident, the vehicle operated by the Defendant, Curtis P. Monrow, was uninsured, or in the alternative, that any insurance in force on the vehicle did not and does not, provide adequate coverage for the claims asserted by the Plaintiff.
14. At the time of the accident, the Plaintiff had in force a policy of automobile insurance issued by the Co-Defendant, GEICO. Said policy of insurance contained a provision for uninsured motorist coverage which provided, among other things, insurance coverage for losses and damages sustained in accidents which were caused by the negligent operation of a vehicle by third persons, when that vehicle is uninsured at the time of the accident, and the third person is not otherwise entitled to coverage. All conditions precedent have been performed for plaintiff to receive fair compensation for her injuries from GEICO. No compensation has been paid.
15. This failure to pay means that GEICO has breached its contract with the Plaintiff. It has failed to make any payment under the Plaintiff’s uninsured motorist provision of the Plaintiff’s policy.

WHEREFORE, Plaintiff Emily Besse demands a judgment against Defendant GEICO for a dollar amount in excess of $75,000.00, This claim is made both jointly and severally, This court should also, if it deems appropriate, award costs, pre-judgment interest, and post-judgment interest. [Miller & Zois note: under Maryland’s new law, this is the appropriate way to ask for money damages. The days of asking for $10 million in your complaint are long over.]

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller, Jr.
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
Attorneys for the Plaintiff

PLAINTIFF’S REQUEST FOR JURY TRIAL

The Plaintiff, Emily Besse, pursuant to Maryland Rule 2-325, seeks a jury trial on all issues raised in this complaint.