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
Yosef Kuperman
Yosef Kuperman
  • 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.

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