Articles Posted in Automobile Accidents

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Crash (2 vehicles).jpgWe recommend that all of our clients get as much Personal Injury Protection (PIP) insurance as they can–it’s inexpensive, and it makes a huge difference in your Maryland auto accident case.

PIP is a type of no-fault insurance. In exchange for a small premium, it pays medical expenses and a portion of lost wages for the driver, passenger and pedestrians who are in an accident. Because of Maryland’s collateral source rule, auto accident victims can recover for these medical expenses and lost wages twice–once through their own automobile insurance, and once from the negligent driver’s insurance.

Most Maryland insurance policies are set for the default $2,500. That means the most any one person can recover is $2,500 for incurred lost wages and medical expenses. In exchange for slightly (barely perceptible) reduced premiums, drivers can waive PIP (there are very specific rules about the form of the waiver, and improper waivers are ineffective).

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Crash (2 vehicles).jpgI’ve had a few sad cases recently. In each case, my client was injured in an accident. In each accident, there were other people injured, as well. My clients went to the hospital, and were treated for their injuries. Neither of my clients had health insurance. Neither of them had UM/UIM insurance (neither of them drove a car, and neither lived with a family member who drove a car).

After they finished medical treatment, we sent demand letters to the insurance companies. In each case, the adjuster informed us that they could not settle our claims because there were limited insurance proceeds available, and that other victims were either still treating or hadn’t submitted their demand packages, yet. The limited insurance proceeds were in compliance with the Maryland minimums–$30,000/$60,000. That means that the most any one person in an accident can recover is $30,000, with the total allowed for all people in a single accident as $60,000.

So, not wanting to wait, we filed lawsuits. Other victims of each collision did, as well (though not all). When it was time for the insurance company to answer the complaint in one case, and when their discovery responses were overdue in another, they cried “uncle.” They tendered policy limits in each, and washed their hands of the whole matter saying “you plaintiffs divide it up.”

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Total Loss (11-26-11).jpgOur usual recommendation to people is that when they lease a car, purchase GAP (Guaranteed Auto Protection) insurance. GAP insurance makes up the difference between fair market value of a car and what you owe on the car (the second figure is sometimes higher). This type of insurance is important because in an accident, you are only entitled to the fair market value of the car. The trap is that if you owe more than the Maryland property damage settlement amount, then you certainly won’t have enough money to buy or lease a or new car. Then, you end up renting a car for far too long (which you won’t get completely paid back, either). It’s a terrible cycle of debt, and hard to get out of.

Now, some people will have another option (which they rightfully expected to have in the first place). The Daily Record wrote up an article, 4th Circuit Backs Consumers Whose Cars Are Totaled which outlined a new decision in Decohen v. Capital One. There, a consumer leased a used car. The lease included a debt cancellation agreement. Unlike insurance, debt cancellation agreements are not regulated by the Maryland Insurance Administration. It is simply an agreement between the lender and the person leasing the car that, if there is a problem, the most they will owe is the fair market value of the car. The lender simply forgives any excess owed. In exchange for this benefit, the consumer pays a little extra. In Mr. Decohen’s case, he paid $600 extra for this added security.

Unfortunately for Mr. Decohen, the lender sold his account to Capital One (play Imperial Death March here) who decided to fight Mr. Decohen. Their argument is long and convoluted, but suffice to say that the evil bank argued that federal banking regulation override Maryland state law. Maryland’s consumer-oriented laws were somewhat more favorable than the actual contract. The contract stated that the difference between the fair market value and another value would be cancelled. That other value was the larger of (a) cash paid by an insurance company; (b) the NADA value; or (c) the Kelley Blue Book value. Maryland law only permits (a) the cash paid by the insurance company. In Mr. Decohen’s case, the bank argued that it didn’t have to cancel the debt because the actual value of the car (it claimed) was higher than what the insurance company paid for it.

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Text Distracted Driving.jpgThe Federal government wants to know whether you’ve been texting and driving. They have authorized grants to two states, Connecticut and Massachusetts, for anti-texting enforcement programs. Each state will get $275,000.00.

This money will be used to train police officers on how to detect texters–not only from their patrol cars, but from highway overpasses and more covert locations. I’m not sure how this will work, exactly. One police officer on a bridge, watching traffic come toward him. That officer radios to another officer on the road below, and tells him which car to pull over. Maybe it’s as simple as that.

One thing is for sure–some people who flaunt Maryland’s cell phone use laws are getting crafty–many keep the phones down below window-level to avoid police detection. Of course, that makes it harder to see the road, which is more likely to cause crashes.

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50cc scooter.jpgWe posted recently about the new law requiring moped and scooter riders to wear helmets, procure insurance and have their vehicles titled (Maryland Helmet Law Now Extends to Scooters). An interesting question is what this will do for Maryland’s finances?

One article cites that there are 3,500 scooters in Maryland–with a price tag of $25 for the title and decal, that means the state should get about $194,000 in net revenue.

But wait, there’s more! The requirement to wear a helmet means that some injuries will be prevented entirely, and others will be less serious. It is estimated that it will save Medicaid $120,000.00 per year. That’s money that they won’t have to spend on serious, long-term care of people who were injured. Though, one wonders if there might in fact be more injuries–a rider without a helmet might be killed, though a rider with a helmet in the same accident might have a severe and permanent brain injury. It’s hard to know where these estimates come from. Only time will tell, and that’s only if someone comes in and analyzes the data.

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50cc scooter.jpgEffective today, moped and scooter riders must wear helmets.

Maryland has proudly required motorcyclists to wear helmets since 1992 (though, the law is not without its detractors, who try to repeal it at every opportunity).

This makes sense, of course: we require seatbelts, carseats and booster seats in cars, and the occupants there have two tons of steel to protect them other vehicles, trees, and the roadway. In a motorcycle accident, the sheer size and weight of any vehicle, compared to the slight size and weight of a motorcycle, can cause terrible injuries in what would otherwise be a minor impact. Motorcyclists are easily ejected from their bikes, and suffer a range of serious and permanent head injuries, if not death. There seems to me to be little difference between a motorcycle and a scooter or moped.

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Txting Drvng Reaper.jpgWith so many accidents caused by distracted driving, it’s a fair bet that, in any given accident, the negligent driver was on a handheld phone or handling e-mail or text messages while driving. In many cases, that fact is not important: if the defendant admits liability, or if liability is clear (for example, the garden variety rear-end collision).

In other cases, though, proving that the defendant was distracted can go a long way toward showing that their version of events is likely wrong (if not an outright lie). Yesterday I deposed a representative of AT&T to find out everything I could about the phone usage of an automobile accident defendant at the time of the accident.

These types of depositions take a lot of legwork. When I get the transcript, I’ll post it on the website. If you have a case where you suspect illegal cell phone use at the time of an accident, here are some things to think about:

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distracted driving accident attorney.jpgThe New Jersey couple who were hit by a texting driver while riding their motorcycle settled their case against the driver for $500,000. Both Mr. and Mrs. Kubert, who were on the motorcycle, lost a leg because of the motorcycle accident.

We wrote about this story in May (Distracted Driving Lawsuits: Suing the Sender, and Lawsuits Against Text-Senders: Conclusion). There, the trial judge ruled that the plaintiffs did not have a case against the person who sent the text message, only the driver who read it. The lawyer in the case is appealing that decision, though I still wonder how he will get paid if he wins.

The $500,000 settlement only applies to the driver of the car. It looks like that is the policy limit, so the driver’s insurance paid everything it had.

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Progressive HQ.jpgThe internet has been in a furor over Progressive’s treatment of a Maryland family following the wrongful death of young woman in an auto accident. Is the furor justified? Check out our Generation J.D. blog post to find out: Evil Insurance Company? Following the Law? Both?