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
Mark Oakley
Mark Oakley
  • 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.

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.