Trial over PIP benefits: I have filed a claim in court against my insurance because they denied PIP on the basis that I waited too long to treat my injury. I was in a car accident. I did not know that PIP could pay for treatment and I was doing home remedies, like hot pads, stretching, etc but the pain persisted so I went to a chiropractor who told me that PIP could pay for his bills. Anyway, I have a trial date in court and I don't know how to present my case to the judge; I've looked up on line for answers but there is nothing on how to present a PIP claim against your own company in court. Any help will be appreciated.
Uzoma’s answer: Out of curiosity, how long was the gap between the accident date and when you first visited the chiropractor? In addition to Mr. Scherr's response, please note that there's a distinction between waiting too long to treat (causal link of accident to injury) compared to waiting too long to file a PIP claim after treating (statute of limitations). Notwithstanding that Maryland has a 1 year limitation period to file from the accident date, I have seen a situation where a client lived in Maryland but bought their insurance in Washington DC which has a lower PIP filing deadline of 2 months (60 days) from the accident date. Check you insurance contract to make sure you filed the PIP application on time. Good luck.
Received a subrogation letter. Can I ask for proof of damages totaling the amount I’m being billed? :
Last year 2020 I was in an accident where I was at fault. The car I was driving (Nissan Sentra) was totaled but the car I hit (Toyota Tacoma) had the back bumper come off and the owner was able to drive home that night while my car was towed. I even spoke with the other driver the next day to check up on him and tell him I’ll pay for his bumper to be repaired out of pocket. I didn’t have insurance at the time bc I didn’t have a car of my own (was driving a family member’s car)
Well this year I received a few rude calls from a subrogation firm saying that the other drivers car was totaled and then received a letter saying I owe $13000. I never received a police report from that night. I’m about to send out a letter disputing the validity of the claim. Can I ask them to send me statements or some sort of proof that the car was damaged and where that $13000 total is coming. I just don’t understand how they came up with that number.
Uzoma’s answer: The 13K demand is possibly as a result of both property and personal injury damages. Since you weren't insured at the time, the other driver's insurance is entitled to subrogation. Notwithstanding, you may be able to discuss with them to consider repayment for a reduced amount. Generally, some subrogation firms discount their demand upon a reasonable request.
Will I get compensation without insurance if my car got hit and run ?: I just had got my 30 day tags and brought a new car when I got hit car flipped 3 times and hit a tree I didn’t get a chance to get insurance yet and the person who flipped the car flee the avenue how do I go about it
Uzoma’s answer: I agree with the other lawyers especially with respect to any possibility that you had existing insurance on your 'old' car before buying the new one. Hit and run related personal injuries are covered by your own insurance as an uninsured motorist coverage (UMC). In the absence of your own insurance, look into possibilities of tracking down the at fault driver with hope that they are insured. Stay safe.