Gaithersburg, MD asked in Insurance Bad Faith and Insurance Defense for Maryland

Q: Will he/his insurance company have grounds to sue? Should I be pursuing legal action?

Intersection accident, I had a flashing red, he had a flashing yellow. I firmly believe I am not at fault for this accident (I looked carefully both ways, he was speeding and not close to the intersection when I began crossing, the damage to my car is considerable). His insurance company has denied my claim, now he is seeking restitution from me personally. My family's car is insured, I am not under the insurance policy - but I had full permission to drive it, although we didn't have enough time to take me off the exclusion. I am a college student and don't have the means to pay for his and my damages. Shouldn't his insurance pay for his damages? Why am I being directly pursued for the damages/Will I be legally liable for his damages?

1 Lawyer Answer
Answered
  • Insurance Claims Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: It sounds like you were an excluded operator on your family's policy. That means your family's policy on the car will not cover you. If you had another policy, (i.e. you also own a car and that car has insurance) then it may under some circumstances provide coverage. But that sounds unlikely.

It's possible that he's suing you because he needs to as part of an uninsured motorist claim. Uninsured motorist coverage protects him against being hurt by an uninsured driver. If his carrier is denying him coverage (perhaps because they think both of you were partially at fault in the accident), he may have to sue you as part of suing them.

It's also possible that he resolved everything with his insurer, and that you're being sued by his insurer. Auto policies allow that insurer to sue you to recoup any damages that (1) you caused and (2) they paid for. To win, they need to show you're at-fault for the accident, but apparently they think so.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.