Bel Air, MD asked in Contracts, Insurance Bad Faith and Insurance Defense for Maryland

Q: Can I sue myself in Maryland for auto property damage liability? Details below.

I have two cars insured under two different auto policies. Both policies are with the same company. I was backing out of my driveway (car #1) and rear-ended the other car (car #2). I own both cars. There was minor damage to the car I was driving (#1) and I am not making a claim on that one. However, the car I hit (#2) sustained about $2,500 worth of damage. Car #2 does not have any collision coverage. I want the property damage liability on car #1 to pay for the damage to car #2. The company says that car #1's liability coverage would pay to fix car #2 but only if car #2 had collision coverage. That's ludicrous. If car #2 had collision coverage, I wouldn't care about the liability from car #1. I know in Maryland a family member can sue another family member for BI if the injured person was a passenger in the car. But I cannot find anything in the statutes that address suing one's self for property damage. The company's policy language is silent on the issue. Would appreciate any help.

1 Lawyer Answer
Answered
  • Rockville, MD
  • Licensed in Maryland

A: The language has to be in the policy. Demand that your insurance agent provide you with the exact provision that precludes your claim. In my experience, however, insured owners generally cannot recover for their own negligence under their policy, with collision coverage being the only insurance coverage offered to address that type of claim.

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