Upper Marlboro, MD asked in Car Accidents for Maryland

Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this will take a very long time and need my vehicle fixed.

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2 Lawyer Answers
Eric Todd Kirk
Eric Todd Kirk
Answered
  • Personal Injury Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to recoup that out-of-pocket expenditure through intercompany

arbitration.

Mark Oakley
Mark Oakley
Answered
  • Personal Injury Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Does the other driver not have insurance? Has their company denied liability? This is the reason you pay a premium for collision insurance or uninsured motorists coverage: to cover these damage losses when they occur. Of course you proceed under your policy rather than sue the other driver for a property damage claim--let your insurance company pay what they have been receiving a premium to cover, and then they will spend the time, money, legal fees and effort to pursue the other driver or subrogate under their insurance coverage to recover the amounts they paid on your behalf. Further, your company will recover your deductible as well and repay that to you when they have obtained it as part of the claim against the other driver. As for your medical bills and personal injury claim, that portion of your claim is handled separately and pursued separately. If the other driver is not insured, then you present your claim under your insurance policy's Uninsured Motorists coverage, and they pay you as if they were the other driver's insurance company and thn they will sue the other driver to recover the amounts. If the other driver is insured, then you will have to sue the other driver for your personal injuries and medical expenses, and his/her insurance company will defend the action and pay (or settle) any such suit if there is a recovery. Most people hire a lawyer for these types of claims.

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