Gaithersburg, MD asked in Insurance Bad Faith for Maryland

Q: We feel we weren't given enough money based on the policy limits for our claim - what's the next step?

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Who’s policy limits, yours or the at-fault party’s? So long as you have not settled with and released the at-fault party from the claim, you can sue the at-fault party; however, any recovery you received under your own policy must be reimbursed first out of money recovered from the at-fault party, then you can keep the excess. The at-fault party will have to have assets you can execute on after obtaining a judgment. If you settled the claim against the at-fault party’s policy, then more than likely you have released the at-fault party and have no further recourse, unless you properly preserved your right to claim underinsured insurance coverage under your own policy. Consult a lawyer about your options.

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