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Maryland Insurance Defense Questions & Answers
3 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Maryland on
Q: Do I have to provide a friend's info for an accident claim?

I backed up into my son's friend's truck in my driveway. There was no damage to his truck because I hit his tow hitch/bumper, and no one was in the truck at the time. However, my 2012 Dodge Challenger sustained damage to the bumper, and I've obtained an estimate for its replacement.... View More

Uzoma Obi
Uzoma Obi
answered on Oct 27, 2025

In a nutshell, yes you need to obtain and provide the insurance & vehicle information for the other vehicle because prior to issuing payments for your repairs, your insurance needs to complete a preliminary 'investigation' in order to conclude that the claim is valid and that you are... View More

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3 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for Maryland on
Q: Subrogation claim defense for a Maryland accident without police report.

I am dealing with a subrogation claim filed against me by an out-of-state agency on behalf of another driver's insurance company. The incident occurred in Maryland, and I believe the claim is without merit, as the other party was at fault in the T-bone accident. However, no police report was... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

I'm sorry about your accident. I hope everyone involved is okay. My colleagues outlined good points. I'd add that it would be important to act without delay here. If your insurance carrier chooses to investigate the matter more closely, including traffic control devices, camera footage... View More

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3 Answers | Asked in Car Accidents, Civil Litigation, Insurance Defense and Personal Injury for Maryland on
Q: Subrogation claim defense for a Maryland accident without police report.

I am dealing with a subrogation claim filed against me by an out-of-state agency on behalf of another driver's insurance company. The incident occurred in Maryland, and I believe the claim is without merit, as the other party was at fault in the T-bone accident. However, no police report was... View More

Mark Oakley
Mark Oakley
answered on Sep 5, 2025

An “out of state agency” is suing you? You need to be more specific. If the car you were driving had insurance, then you need to immediately notify that insurance company and they will hire a lawyer to defend the action and pay any judgment against you, if any. If the car you were driving was... View More

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4 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Maryland on
Q: Can I be sued for my daughter's minor rear-end accident in Maryland with no police report?

My daughter, who is a licensed driver, was involved in a minor rear-end accident while driving my vehicle in Prince George's County, Maryland. I am the sole owner of the vehicle. After the accident, passengers from the other vehicle left the scene without any communication and later filed a... View More

Scott Scherr
Scott Scherr
answered on May 29, 2025

Both you and your daughter can be sued. The lack of a police report does not preclude a lawsuit. However, you may have a defense to the lawsuit if your daughter was not your agent at the time of the accident. If you and/or your daughter are sued, turn the matter over to your insurance company and... View More

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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Maryland on
Q: Would permissive use laws cover me in a borrowed car with a new insurance policy in Maryland?

I am an 18-year-old driver in Maryland, and over the past year, I've been involved in two at-fault accidents. Currently, I'm excluded from my parents' insurance policy, but I still have my driver's license. If my parents obtain insurance from a different company on a car and... View More

Scott Scherr
Scott Scherr
answered on May 27, 2025

If your parents get new insurance and include you as a listed driver, then you would be covered under the new policy. You are not covered under their current policy so you should not drive any of their vehicles until a change is made.

If your parents take out a new policy and do not list...
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3 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Maryland on
Q: Would permissive use laws cover me in a borrowed car with a new insurance policy in Maryland?

I am an 18-year-old driver in Maryland, and over the past year, I've been involved in two at-fault accidents. Currently, I'm excluded from my parents' insurance policy, but I still have my driver's license. If my parents obtain insurance from a different company on a car and... View More

Ronald V. Miller Jr.
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answered on May 27, 2025

Sort of. Auto insurance policies typically follow the vehicle rather than the driver. So the good news is that if you're driving a car with the owner's permission, the car's insurance policy generally provides coverage in the event of an accident, assuming you are not an excluded... View More

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3 Answers | Asked in Traffic Tickets and Insurance Defense for Maryland on
Q: Is citation TA-21-405(e(21)) correct and how will it impact insurance?

I received a citation from a Maryland State Police officer for failure to make a lane change, with citation number TA-21-405(e(21)). I can't find this specific citation in the Maryland code. During the incident, traffic was very heavy, and a convoy of trucks prevented me from safely moving... View More

Mark Oakley
Mark Oakley
answered on May 11, 2025

This is a 3 point offense. Requests a trial, not a waiver hearing.

The correct citation is Transportation Code, Section 21-405(e)(2)(i):

(e)

(1) This subsection applies to a stopped, standing, or parked vehicle that is:

(i) 1. On a highway;

2. Using a visual...
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3 Answers | Asked in Traffic Tickets and Insurance Defense for Maryland on
Q: Is citation TA-21-405(e(21)) correct and how will it impact insurance?

I received a citation from a Maryland State Police officer for failure to make a lane change, with citation number TA-21-405(e(21)). I can't find this specific citation in the Maryland code. During the incident, traffic was very heavy, and a convoy of trucks prevented me from safely moving... View More

Scott Scherr
Scott Scherr
answered on May 10, 2025

This is a moving violation. I believe it is 1 point unless it was an accident in which case it is 3 points. You should request a trial and not a waiver hearing and go to court. If the officer does not appear, you will be acquitted. If the officer is present, you can decide whether to have a trial... View More

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3 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense and Personal Injury for Maryland on
Q: Do I have to complete all insurance listed repairs if the car is totaled in Maryland?

I was involved in a car accident in Maryland and received an insurance estimate for repairs, including painting, which is expensive. However, the insurance company now wants to total the car. Do I need to complete all the repairs listed, including the paint, or can I choose not to, given that I... View More

Scott Scherr
Scott Scherr
answered on May 3, 2025

If the car is totaled, the insurance company will pay you the fair market value of the vehicle plus 6% sales tax and tags. If you wish to keep the vehicle, they will deduct salvage value and you will have to get a salvage title. It may be more expensive and difficult to insure the vehicle. You do... View More

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3 Answers | Asked in Criminal Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: What happens if I use a fake doctor's note for car insurance?

I used a fake doctor's note in relation to a car insurance accident claim, and I have not yet been paid. Recently, the insurance company confronted me about this note. What are the potential legal ramifications I could face, and how should I proceed from here to handle the situation?

Scott Scherr
Scott Scherr
answered on Oct 22, 2025

You could be charged with a crime such as insurance fraud. The insurance company could also deny your claim and refusxe to pay any damages. You should consult with an attorney before having any contact with the insurance company or the police if they get involved. You should also not post any more... View More

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2 Answers | Asked in Car Accidents, Insurance Defense and Personal Injury for Maryland on
Q: Does disposition of no contribution imply no fault in MD accident?

My dad was involved in an accident in Maryland where he failed to yield the right of way on a left-hand turn. The charging information states he contributed to the accident, but the disposition information says he did not contribute. I accessed the police report via the Maryland Judiciary Case... View More

Scott Scherr
Scott Scherr
answered on Sep 11, 2025

It is up to your Dad's insurance company to decide whether to pay the claim. If his insurance company pays the claim, your rates will increase. The findings of the police officer or entries on Case Search are irrelevant. The police report can be obtained, but is not on Maryland Judiciary Case... View More

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1 Answer | Asked in Consumer Law, Insurance Bad Faith, Insurance Defense and Personal Injury for Maryland on
Q: How can I negotiate a higher auto total loss settlement in MD?

I’m dealing with an auto total loss settlement, and the insurance company’s offer is significantly less than what I owe on the vehicle. This situation has left me without a car and without funds for a down payment on a new one. I've also compared the offered settlement against the market... View More

James L. Arrasmith
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answered on Sep 2, 2025

Dealing with a total loss settlement can feel overwhelming, especially when the offer doesn’t reflect the true value of your vehicle. You have the right to push back and provide evidence that the market value is higher than what the insurance company is offering. Start by gathering recent... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Maryland on
Q: Can I get an insurance refund for a car I returned 8 months ago?

I live in Maryland and encountered an issue with my car insurance. I initially purchased a car and activated an insurance policy for it. However, I had to return the car after 10 days and chose a different vehicle. I forgot to cancel the insurance on the first car and the policy remained active for... View More

James L. Arrasmith
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answered on Aug 8, 2025

This situation is frustrating, and you're not alone—many people don’t realize insurance policies can stay active long after a car is returned or sold if not officially canceled. Unfortunately, insurance companies typically don’t offer refunds for periods where the policy was active... View More

1 Answer | Asked in Insurance Defense and Consumer Law for Maryland on
Q: Will secondary insurance pay remaining 20% for acupuncture after primary covers 80%?

I'm an acupuncture provider exploring a theoretical situation where a patient with both primary insurance (Blue Cross Blue Shield) and secondary insurance (Cigna) has all procedure codes billed by the provider accepted and paid fully by the primary insurance, which covers 80% of the costs.... View More

James L. Arrasmith
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answered on Jul 26, 2025

This kind of situation depends on how the secondary insurance plan coordinates benefits with the primary. Typically, secondary insurance may cover all or part of what the primary insurance doesn't, but it won't always pay the remaining 20%. Some plans only pay up to what they would have... View More

1 Answer | Asked in Consumer Law and Insurance Defense for Maryland on
Q: Does Section 19-510 allow Lyft to waive UIM coverage for drivers?

Does Section 19-510 allow Lyft to waive UIM coverage on behalf of drivers? I was rear-ended in August while dropping off a passenger in Maryland. Initially, Lyft claimed I had coverage under their $1 million UIM policy, but later stated it was only $30k due to a signed waiver, which I never signed.... View More

James L. Arrasmith
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answered on Jul 11, 2025

You're right to question what happened, especially when the coverage you were told you'd have suddenly changed. In Maryland, Section 19-510 of the Insurance Article does allow for uninsured/underinsured motorist (UIM) coverage to be waived, but only if the waiver is knowingly and properly... View More

Q: How to respond to MVA about vehicle insurance for a car shipped to Colombia?

My vehicle has been shipped to Colombia, where I'm working at the US embassy for two years. It is still registered in the US, but I'm no longer residing in the country. I received a letter from the MVA dated May 28, 2025, requesting proof of vehicle insurance within 15 days. How should I... View More

Tim Akpinar
Tim Akpinar
answered on Jun 12, 2025

It may be worth looking into local requirements for registration/insurance/other administrative issues with government agencies in Columbia, whether directly through them or through the U.S. Embassy - despite the protections and privileges of consular arrangements. Good luck

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1 Answer | Asked in Consumer Law and Insurance Defense for Maryland on
Q: Auto insurance refund timeline after policy cancellation in Maryland?

How long does an auto insurance company have to refund money after a consumer cancels their policy? My policy was canceled, and the amount was taken from my checking account on April 11th. Although I was verbally told by the insurer that the refund would be processed within 7-10 business days after... View More

James L. Arrasmith
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answered on May 14, 2025

You're right to keep a close eye on the timeline, especially since the money came out of your account weeks ago. In Maryland, there isn’t always a strict, legally defined number of days for an auto insurance refund, but most companies aim to process refunds within 7–10 business days from... View More

2 Answers | Asked in Car Accidents, Consumer Law, Insurance Defense, Civil Litigation and Personal Injury for Maryland on
Q: How to handle a lawsuit from an accident with insurance coverage issues?

On November 26, 2024, I was involved in an accident in a roundabout when transitioning from the left lane to the right lane. A bus failed to yield upon entering the roundabout and collided with my car, which got damaged, although the bus was not. There was one reported injury from the bus... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2025

If you were uninsured, you should retain an attorney to defend the lawsuit. You may want to also speak with a bankruptcy attorney.

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2 Answers | Asked in Car Accidents, Consumer Law and Insurance Defense for Maryland on
Q: How to maintain clean title after fender-bender under MD law?

On January 17, 2025, my car was involved in a fender-bender caused by a neighbor changing lanes abruptly. My car, a meticulously maintained 2005 Lexus IS300, suffered damages including the fender, bumper cover, and headlight, but is otherwise in excellent condition. Unfortunately, my neighbor’s... View More

John Mesirow
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John Mesirow
answered on Mar 17, 2025

Very few personal injury attorneys handle property damage only claims because of the economics involved. (It's not enough money for the work involved.) Search for an attorney who deals with property damage claims. Good luck.

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1 Answer | Asked in Traffic Tickets and Insurance Defense for Maryland on
Q: What should I do after getting a ticket for failing to display lighted lamps in MD?

I was pulled over and received a ticket in Maryland for failing to display lighted lamps in unfavorable visibility conditions. I have no points on my driving record, but I have previous violations for parking by a fire hydrant and a school bus stop violation. I'm unsure whether I should... View More

Scott Scherr
Scott Scherr
answered on Mar 6, 2025

You can look up the ticket here to see if it carries points:

https://www.mdcourts.gov/sites/default/files/court-forms/dccr090public.pdf

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