Earlier this month, a state appellate court issued a written opinion in a personal injury case illustrating the difficulties that Maryland car accident victims may encounter when trying to file a claim against their own insurance policy’s underinsured motorist provision. The case required the court to determine if the plaintiff’s untimely notice of claim violated the language in the insurance policy, and if so, whether the insurance company was proper in denying the plaintiff’s claim. Ultimately, the court found in favor of the insurance company on both issues and dismissed the plaintiff’s claim.
The plaintiff was injured after she was involved in a car accident while she was a passenger in a friend’s vehicle. The accident occurred in September 2010. Approximately two years later, the plaintiff filed a claim against the other driver, who she claimed was responsible for the accident and her injuries. That claim was eventually settled for approximately $36,000, which was the remaining amount left under the at-fault driver’s insurance policy after the other victims of the accident had been compensated.
The settlement with the other driver failed to cover all of the plaintiff’s expenses related to the accident, so the plaintiff then filed a claim with her own insurance policy, under the underinsured motorist provision. That policy contained language requiring that the insurance company be promptly notified of any accident, as well as any court case that was filed. Specifically, the policy stated that the insurance company “must be notified promptly of how, when and where the accident or loss happened,” and the insured must “promptly send us copies of the legal papers if a suit is brought.”