Maryland Accident Attorney Blog

Maryland uninsured/underinsured motorist statute is intended to protect innocent victims from the nelgigent conduct of irresponsible drivers who drive without insurance. Maryland courts have demonstrated a tendency to liberally construe the uninsured/undersinured motorist statute to ensure that, when appropriate, the victims of automobile accidents are adequately compensated for the personal injuries they may suffer as a result of such accidents.

Historically, insurance companies have attempted to thwart Maryland's policy of protecting innocent victims in automobile accident cases. For example, previously, an injured person who made a claim for the limits available under an at-fault party's liability policy was prevented by his or her uninsured/underinsured motorist carrier from giving the liability carrier a full release of the claim. As a result, the injured person usually became caught in a situation where the liability carrier would not give them the limits of the at-fault party's policy without a release and the uninsured/underinsured motorist carrier would not allow them to give a release. The innocent party usually got stuck between a rock and a hard place since they were effectively prevented from recovering a settlement from either carrier. This problem caused unnecessary delays in settlement and hurt those injured as a result of the irresponsible and negligent acts of others.

Maryland lawmakers attempted to eliminate this problem by requiring the uninsured/underinsured motorist carrier to do one of two things: (1) either allow the injured party to settle with the at-fault party's liability carrier and provide a release; or (2) pay the injured victim directly if it intended to preserve subrogation rights against the at-fault party. Under this scheme, the innocent injured party gets his or her money more quickly.

Posted by Todd M. Reinecker | Permalink | Email This Post

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Under Maryland personal injury law, the driver of an "emergency vehicle" cannot be sued in his or her individual capacity for damages resulting from negligent conduct committed while operating an emergency vehicle in the course of providing "emergency service." An "emergency vehicle" includes police vehicles. "Emergency service" includes responses to any emergency call or the pursuit of a suspected criminal. This shield from a personal injury lawsuit does not apply to malicious acts or acts of "gross neligence."

The fact that a police officer is operating a vehicle without emergency signals, such as lights or siren, does not mean that the officer is operating a "non-emergency vehicle." Under Maryland personal injury law, even under such circumstances, a lawsuit still may not be brought against the driver for negligent conduct committed while providing emergency service.

This shield of immunity for the negligent acts of the operator of an emergency vehicle does not apply to the owner or lessee of the emergency vehicle in question. In other words, a personal injury action may be brought against the owner or lessee of the emergency vehicle, but such liability is limited to the amount of the minimum coverage provided for in the applicable insurance policy.

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