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Not So Fast..... (Continued from page 13)


of their goal of assuring recovery for innocent victims of motor vehicle ac- cidents.9


Uninsured Motorist Claims An uninsured motorist claim should


be made if the “at-fault” vehicle is un- insured, or if the amount of liability coverage available to your client from the “at-fault” vehicle is less than the amount of uninsured motorist coverage


9


See State Farm v. MAIF, 277 Md. 602, 605, 356 A.2d 560 (1976); and West Amer. v. Popa, 108 Md. App. 73, 84-85, 670 A.2d 1021, 1027 (Md. App. 1996) (explaining that the uninsured motorist provisions in the Maryland Code be liberally construed because of their goal of assuring recovery for innocent victims of motor vehicle ac- cidents).


available to your client.10


An uninsured


motorist claim should also be made if the “at-fault” vehicle is unidentifiable (e.g. hit-and-run situations and phan- tom vehicle situations). The amount of uninsured motorist benefits available to your client will be reduced by any amount paid to your client under any liability-insurance policy.11


10


§ 19-509 of the Insurance Article of the Annotated Code of Maryland sets forth the definition of “uninsured motor vehicle” and requires that motor vehicle liabil- ity insurance policies contain Uninsured Motorist Coverage in the same amount as liability coverage unless waived.


11


§ 19-509 (g) states that “The limit of liabil- ity for an insurer that provides uninsured motorist coverage under this section is the amount of that coverage less the amount paid to the insured that exhausts any ap- plicable liability insurance policies, bonds, and securities on behalf of any person that may be held liable for the bodily injuries or death of the insured.”


Personal Injury Protection Claims and Medpay Claims


Personal Injury Protection Coverage


provided in Maryland insurance policies pays for lost income and medical ex- penses without regard to fault, without regard to any collateral source, and it is not subject to subrogation.12


Practitio-


ners should be aware that the deadline for submitting a PIP application to the insurance company is typically one year from the date of the accident. While the minimum amount of PIP coverage is only $2,500, practitioners will find that some Maryland insurance policies have up to $10,000 in PIP Coverage. In ad- dition to PIP Coverage, some Maryland insurance policies also have Medpay Coverage. Whereas PIP coverage is


12


See § 19-505- § 19-508 of the Insurance Article of the Annotated Code of Mary- land.


TM RINGLER ASSOCIATES


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Lou Omansky, J.D., CSSC LOmansky@ringlerassociates.com


ETTLEMENTS You Need


TM


Richard Ryan, CSSC RRyan@ringlerassociates.com


Designing and implementing structured settlements for injured parties since 1975


Our focus is on achieving the best possible results for all parties in settlement negotiations using tax–free settlement annuities.


Offering the most competitive annuity prices from all of the leading life insurance companies


We are one of the few companies that truly enjoys the trust of all parties involved in the settlement process.


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