recovering traffic accident damages when lawyers won't take the case?
December 28, 2009 6:44 AM Subscribe
Maryland Traffic Accident Filter: Insurance company denied claim, lawyers won't touch the case. Now what? Anything?
A follow up to this question.
Recap: Old lady ran a light and totaled the car my wife was driving. No witnesses so the police report didn't assign fault. Car was worth ~$5000. That was their only car and they just don't have $5000 to replace it. The old ladies' insurance company refused the claim outright, before the paperwork was even submitted. According to the two lawyers we spoke with, since there was no injury there's not enough incentive for them to take the case. If I had $15k for a retainer, I wouldn't be worried about the $5k car.
There must be something else we can do, right? What other options do we have?
A follow up to this question.
Recap: Old lady ran a light and totaled the car my wife was driving. No witnesses so the police report didn't assign fault. Car was worth ~$5000. That was their only car and they just don't have $5000 to replace it. The old ladies' insurance company refused the claim outright, before the paperwork was even submitted. According to the two lawyers we spoke with, since there was no injury there's not enough incentive for them to take the case. If I had $15k for a retainer, I wouldn't be worried about the $5k car.
There must be something else we can do, right? What other options do we have?
Small claims court is a definite option, but what does your insurance company say?
posted by mr_roboto at 6:55 AM on December 28, 2009
posted by mr_roboto at 6:55 AM on December 28, 2009
Oh, and you want to sue the old lady directly, not her insurance company.
posted by mr_roboto at 6:56 AM on December 28, 2009
posted by mr_roboto at 6:56 AM on December 28, 2009
IANYL, but first answer is the best -- and Maryland's small claims limit appears to be just where your loss is: $5k. (See: http://www.courts.state.md.us/district/forms/civil/dccv001br.html).
In all likelihood, when you file the claim the other driver's insurance company will have to get involved again. Whether or not they purport to "deny" the claim doesn't really matter -- they will still have to come to court, because the court's finding of liability should bind them absent insurance fraud.
You are still left with having to prove your case, though -- and without witnesses that might be hard. You could potentially engage a lawyer on an hourly basis just to help you strategize how to do that. I bet that there are small claims consulting lawyers you could use for $500 or $1000 rather than $15,000 for a full case retainer. Still expensive relative to your claim, but worthwhile versus losing all $5,000 if the old lady and/or her insurer can otherwise show that you don't have evidence on your side...
posted by MattD at 7:06 AM on December 28, 2009
In all likelihood, when you file the claim the other driver's insurance company will have to get involved again. Whether or not they purport to "deny" the claim doesn't really matter -- they will still have to come to court, because the court's finding of liability should bind them absent insurance fraud.
You are still left with having to prove your case, though -- and without witnesses that might be hard. You could potentially engage a lawyer on an hourly basis just to help you strategize how to do that. I bet that there are small claims consulting lawyers you could use for $500 or $1000 rather than $15,000 for a full case retainer. Still expensive relative to your claim, but worthwhile versus losing all $5,000 if the old lady and/or her insurer can otherwise show that you don't have evidence on your side...
posted by MattD at 7:06 AM on December 28, 2009
Best answer: IANYL, etc.
I'm assuming from your question that the other driver's insurer has denied your claim and not denied their driver coverage for the occurrence. If it is the latter, you will have to do all of this and then try and recover any damages from the little old lady herself.
Represent yourself in District court. Forms and a primer are here. File in the court closest to you. Here are the court rules.
You have the burden of proof to show that it is more likely than not that:
1. the other driver was at fault; and
2. you have incurred damages. Note that the measure of damages in property claims is the lesser of the cost to repair or replace. You'll need admissible evidence of the amount of damages.
Ask for everything you can think of so that once her insurer finally negotiates with you, you'll have room to move to your desired end point. They will have to pay a lawyer to defend, so their incentive will be to try and settle even though they initially denied the claim.
The jurisdictional limit of Maryland's district court is now $25,000, however, keep your claim under 10K so as to prevent the defense from asking for a jury trial.
District court is preferable for you since the procedural rules and rules of evidence are more relaxed.
You'll have to pay the filing fee and serve the other driver.
Send discovery to her to learn her side of the story before you walk into court.
If you are near a place with a law library, go there with a couple of spare hours and ask for the MICPEL book "Civil Practice & Procedure in the District Court of Maryland."
posted by minimii at 8:48 AM on December 28, 2009 [2 favorites]
I'm assuming from your question that the other driver's insurer has denied your claim and not denied their driver coverage for the occurrence. If it is the latter, you will have to do all of this and then try and recover any damages from the little old lady herself.
Represent yourself in District court. Forms and a primer are here. File in the court closest to you. Here are the court rules.
You have the burden of proof to show that it is more likely than not that:
1. the other driver was at fault; and
2. you have incurred damages. Note that the measure of damages in property claims is the lesser of the cost to repair or replace. You'll need admissible evidence of the amount of damages.
Ask for everything you can think of so that once her insurer finally negotiates with you, you'll have room to move to your desired end point. They will have to pay a lawyer to defend, so their incentive will be to try and settle even though they initially denied the claim.
The jurisdictional limit of Maryland's district court is now $25,000, however, keep your claim under 10K so as to prevent the defense from asking for a jury trial.
District court is preferable for you since the procedural rules and rules of evidence are more relaxed.
You'll have to pay the filing fee and serve the other driver.
Send discovery to her to learn her side of the story before you walk into court.
If you are near a place with a law library, go there with a couple of spare hours and ask for the MICPEL book "Civil Practice & Procedure in the District Court of Maryland."
posted by minimii at 8:48 AM on December 28, 2009 [2 favorites]
This thread is closed to new comments.
posted by bluefrog at 6:50 AM on December 28, 2009