As if dealing with the physical and emotional trauma of being involved in a Maryland truck accident is not enough, accident victims must also worry about how they will pay for their medical expenses given the fact that they may have missed work. Auto insurance is supposed to help accident victims obtain quick compensation for their injuries; however, as anyone who has been involved in an accident before may know, insurance companies are notoriously difficult to work with.
An insurance policy is a contract between the insurance company and the insured. The fundamental nature of a Maryland insurance policy is that the insured agreed to pay a premium in exchange for the insurance company’s promise to compensate them for certain losses in the event of an accident. However, insurance policies are complex legal documents that precisely define what drivers and types of accidents are covered.
When an insurance company determines that a claim is not covered, they deny payment. Because insurance companies have an interest in paying out as little as possible in claims, they invest significant resources in legal representation in hopes of limiting their liability. Needless to say, this can be frustrating for Maryland car accident victims who rely on insurance proceeds to get their life back on track after a serious accident.
A recent state appellate case illustrates the difficulties that an injured motorist can have when attempting to recover under an insurance policy. The case involved a Personal Injury Protection (PIP) policy, like those carried by many Maryland motorists. A PIP insurance policy is a no-fault policy, meaning that the claimant does not need to establish that another driver was at fault. However, the motorist making a claim still must show that they are covered under the policy. That is where the plaintiff encountered difficulties.
According to the court’s opinion, the plaintiff was working on his fiancée’s pick-up truck in a parking lot. Suddenly, in a nearby intersection, two large trucks got into an accident. The force from the collision sent one of the trucks in the direction of the plaintiff and the pick-up truck. The truck crashed into the pick-up truck, which spun around and struck the plaintiff, causing serious injuries.
The plaintiff filed a claim under his fiancée’s insurance policy. The plaintiff acknowledged that he was not named on the policy, but sought coverage on the basis that he was an occupant of the vehicle while it was involved in an accident. In an attempt to avoid liability, the insurance company successfully argued that the plaintiff was not an “occupant” of the vehicle at the time he was injured. The insurance company also argued that the pick-up truck was not involved in an “accident,” because it was stationary at the time. The court agreed with both of the insurance company’s arguments and denied the plaintiff coverage.
Have You Been Injured in a Maryland Truck Accident?
If you or a loved one has recently been injured in a Maryland truck accident, and are dealing with a difficult insurance company in the aftermath of the accident, contact the dedicated Maryland personal injury lawyers at Lebowitz & Mzhen, LLC. At Lebowitz & Mzhen, we represent injury victims in car accident cases across Maryland, Virginia, and Washington, D.C., and have been doing so for over 20 years. We understand that we enter our clients’ lives at a very difficult time, and make the recovery process as stress-free as possible. To learn more, call 410-654-3600 to schedule a free consultation today.