In Maryland, an injury victim who has been injured in a car accident may sue directly his insurance company without suing the at-fault motorist. See Nationwide Mutual Insurance Co. v. Webb, 291 Md. 721, 736 (1981).
The idea is counter intuitive to most people. Someone else hurts me and I sue my own insurance company? On some level, it makes no sense. But it is exactly how Maryland uninsured motorist law works. When you pay your insurance premiums every month, you are paying for coverage in the event that someone hurts you who has no insurance or has inadequate insurance to cover your loss.
Such a claim a breach of contract action, which is filed directly against the provider of uninsured or underinsured motorist coverage, even if no action has been filed against the at-fault driver.
Typically, our Maryland personal injury lawyers simultaneously bring a negligence claim against at fault driver and a breach of contract county against the client's insurance company. In the case of under insurance, the injured victim's insurance company pays only damages in excess of the negligent driver's insurance policy limits.
We regularly handle uninsured and underinsured motorist claims in serious car accident cases. If you have been injured in an automobile or truck accident in Maryland, call us at 800-553-8082 or click here for a free no obligation consultation on your accident claim.