I was rear ended by an insured driver, he has not contacted his company to claim fault, what options do I have?
UPDATED: Oct 14, 2020
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At fault insured person has not returned phone calls after 4 attempts and certified letter to his insurance company. Need to submit claim under my insurance as uninsured motor vehicle even though Police confirmed he was at fault and had insurance. Looking for recourse or options in State of Marylan.”
Asked May 18, 2017
If you are rear-ended, the other driver would be found negligent and considered to be at fault. However, without a Police Report the "at- fault" driver may have defenses against your claim. Maryland is an At Fault Insurance State, and the person at fault must pay any damages suffered by the innocent party. Since the "at fault" driver did not contact his insurance company you can:
- Make a claim directly through his/her insurance company,
- Seek compensation from your insurance company.
- Bring a lawsuit against the "at fault" driver and
- Bring a legal action against the "at fault" driver's Insurance Company if the Insurance Company refuses to pay your claim.
Since Maryland is a fault insurance state, by sending a certified letter to the person's Insurance Company, you have essentially opened a third-party claim against the at-fault driver. However, without a Police Report, the "at fault" driver may have defenses against your claim. This Insurance Company has the responsibility to contact you or you can bring legal actions against both the "at fault" driver and his/her insurance company for no response to your claim, assuming the Insurance company or at-fault driver does not contest your claim.
The owner of a motor vehicle in Maryland is required to maintain liability insurance to operate your car in the state. Maryland requires a coverage known as Uninsured Motorist. While, you were not "at fault," you violated Maryland traffic laws. Further, if the "at-fault" driver lacks coverage to cover his damages, he/she can sue the non-fault drivers Uninsured Motorist Insurance Company.
If both your Insurance Company and/or the Insurance Company of the at-fault driver Insurance Company has discriminated against you and not following Maryland Auto insurance laws, you can make a complaint to The Maryland Insurance Administration.
Answered May 22, 2017 by SaulGood