Maryland Automobile Insurance Fund (MAIF)
As regular readers of the Maryland Personal Injury Lawyer blog are aware, I have been a critic of the MAIF because of the speed with which it reviews cases, the offers it makes which almost invariably cause reasonable car accident lawyers to file suit because the client's best interests demand a lawsuit, and because the it invariably makes its lawyers (and our lawyers) jump through discovery hoop after discovery hoop in large cases before offering its policy limits on the eve of trial when the policy limits should have offered from jump street.
In this Baltimore Business Journal article, MAIF's executive director since 2004, M. Kent Crabbe, talks about some of the challenges MAIF faces as an "insurance company" operating under a somewhat unique and complex regulatory scheme, including why it may be more difficult for MAIF to recruit and retain quality people. I put "insurance company" in quotes not derisively (well, kind of) but because technically under the Maryland Insurance Code, MAIF is not an insurance company.
I spoke today to one of the more competent MAIF adjusters who told me that the bar is being raised at MAIF with respect to responding in a professional and timely way to personal injury claims. I'll save my "picking the bar off the floor" joke (well, I guess I didn't save it) and hope that there are real changes in store at MAIF. I realize that government agencies are always going to struggle to keep up with for profit businesses in terms of efficiencies, but I have seen many other Maryland state agencies - including MVA in recent years, believe it or not - that seem to run far more efficiently.
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I am truly amazed! I'm the victim of an auto accident by an MAIF insurer. It has been over two years, and yet no closure. I actual found this web site in researchng for additional contact information on higher authority, in hope of receiving appropiate actions for my claim. I couldn't believe the poor offer made by the claims examiner assigned to my case (which happens to be the third examiner assigned). An offer I expressed was totally unacceptable. From the findings in this article, it appears that the only action I have remaining is to seek legal representation.
Posted by: ART | August 27, 2007 2:46 PM
To Art. I was also hit a month ago by a MAIF insured driver. I still have not had my claim processed because they are "still looking" for him. I see him in the neighborhood and told them this. They said until they talk to him there is nothing they can do, that is policy. I went to http://www.mdinsurance.state.md.us/ and under consumer information you will find file a complaint. I filed and two days later I heard back. They are questioning MAIF regarding the issue with speaking to their policy holder since it is obvious that he is avoiding them and they have a police report stating that he was driving around drunk.
Posted by: Tati | August 29, 2007 2:31 PM
I appreciate the comments on this topic. If you are reading this and had any experience with the Maryland Autombile Insurance Fund (MAIF) that you wish to share, either positive or negative, please share your thoughts with a comment.
Posted by: Ron Miller | August 29, 2007 3:26 PM
My son was riding a motorcycle and was hit (broadside) by a totally uninsured motorist. She gave false insurance information to the officer that was at the scene. My son now has tens of thousands of dollars in medical bills (she was clearly at fault and was cited by the officer) and she will never pay a dime, and because she is such an upstanding citizen (that is acutely sarcastic) she isnt worth suing. She has a lengthy "small-time" criminal record - 2nd degree assault, robbery, etc. (and was in fact in court the day she hit my son! She was out on bail!) She's been in and out of jail 3-4 times so far just this year.
Apparently, though my son pays into the MAIF (as all of us law abiding citizens do) he cannot file a claim to recoup any of his extensive medical bills or the cost of his motorcycle, much less the time he has lost from work, because they DONT COVER motorcycle accidents!
I have been scouring the internet for possible solutions (and came across this site) but have yet to see anything helpful.
I work in law (tho not criminal), and know you cant get blood from a turnip, and suing someone with no assets and a bleak future isnt worth the cost of suing.
Right now I'm contemplating a scathing letter to our lustrious Governor about leaving INSURED motorcyclists out in the cold, so to speak, when they are injured by uninsured idiots. Might bring some idealogical satisfaction, but that isnt what my son needs right now.
If anyone has any suggestions, I'd love to hear them!
Posted by: K. Tuttle | September 12, 2007 5:04 PM
I think you are wrong to think your son cannot recover. He might not be able to recover PIP but he has a UM case with a likely $20,000 limit. There may be other insurance available as well if he had a resident relative with a higher insurance policy.
Posted by: Ron Miller | September 13, 2007 12:38 PM
I am seeking representation for an injury claim that will most likely be forced into litigation due to the "low ball" offer recently mentioned by the MAIF adjuster. Anyone wishing to assist or offer representation send an email to Craigsilver1@hotmail.com.
Posted by: Craig Silver | September 25, 2007 4:06 PM
I am reluctant to give out personal details, not knowing as yet if this is a legitimate Blog and not a red herring for MAIF. I have a matter against MAIF and will be happy to share details after I am certain who I am communicating with. I too work in the legal field and like to think as bad and difficult as MAIF may be, they have not met me yet. I have a plan to bring them to their knees. Does Punitive damages & class action ring a bell? Holler Back
Posted by: annonomous | December 8, 2007 8:53 PM
Believe me, I have been a vocal critic of many of MAIF's adjusting practices. But I don't consider them unethical. Their job is actually to pay as little as possible on third party claims. I'm trying to get as much as I possibly can for my clients so I don't begrudge them this, it is a part of the adversary system. My complaint is that their practices waste time and money for us and THEM. I don't think there is the basis for a class action or punitive damages against MAIF but I wish you all the luck in the world. - Ron
Posted by: Ron Miller | December 9, 2007 2:54 PM
I too, have become a recent MAIF victim. I was involved in an accident on 5/6/08 at the fault of a MAIF insured driver. Within an hour I called MAIF to confirm the other driver in fact had a policy with them in "good standing." I was not only assured that he did, but was also assigned a claims adjuster and a claim number during that phone call. The very next day I was contacted by the claims adjuster who advised she'd be handling this case and upon learning that I was already in possession of the accident report as well as copies of the citations issued to the MAIF insured driver, (just a perk as a Police Officer in the jurisdiction of which the accident occurred) she asked me to send her copies and I did. On the following day, a field adjuster came to my location, did a written estimate of my damages and left a copy with me. By dinner time the day after, now 3 days after the accident and clearly after the claim has begun it's processing procedure, I'm contacted by the originally assigned claims adjuster who tells me I might want to advise my own insurance company of the damages because (and I quote) "We might not be covering this accident." Upon further inquiry and much protest on my part, I learned that the driver had not paid his last policy premium and that MAIF in turn had not bothered to cancel him. This adjuster actually told me that they were most likely going to cancel his policy and that if they did, it would be retroactive prior to the accident involving my vehicle! I am now fighting with MAIF over this issue, as in my opinion they already began processing my claim before deciding they were going to cancel his policy. And by the way, as I mentioned my accident with this driver took place on 5/6/08....when MAIF cancelled him, it was made effictive as of 4/9/08! I have to wonder which of his family members is one of those fine MAIF employees I'm reading so much about??
Posted by: Cindy | May 12, 2008 2:13 PM
I was rear-ended by an MAIF insured driver and shoved into the vehicle in front of me on 6/8/08. The other driver was cited for the accident, as one would expect. Here I sit, with about $15K of vehicle damage and around $7K of medical bills-- and growing. At least my own insurance company is handling some of this for me... for the price of my deductible.
But who is going to compensate me for the 8+ days I've had to take off work, and the amount of pain and suffering that I've endured? I've been in enough pain from this accident that even with taking prescription pain drugs it was still nearly unbearable at times. I still can't sit for more than 30 minutes without having pain, and I continuously have pain in one of my wrists. Since computer work is my livelihood, this also potentially affects me there possibly requiring additional time off of work for recovery.
How much hope do I have of fair and reasonable compensation from MAIF?
Posted by: Another Victim- this time in VA | June 11, 2008 10:35 PM
It is impossible to be able to value your case based solely on the amount of your medical bills. We would not handle a case of this size in Virginia but if you call me or drop me an email (ronmiller@millerandzois.com) I will refer you to someone. But in a case like this with MAIF, you are going to struggle to get anyhwere approaching fair value without filing a lawsuit.
Posted by: Ron Miller | June 12, 2008 11:23 AM
I guess I am joining a long list of those who have been hit by MAIF insured drivers, and are completely unsatisfied with how MAIF has handled the situation.
My accident only occured 4 days ago, however I am already preparing to contact a lawyer. The MAIF insured driver failed to yield to the oncoming traffic I was in, and instead, pulled right into the front of my car. He admitted fault at the scene, and appologized for it!
I contacted both my insurance company and MAIF, but as I only have liability, my insurance co. cant do much for me.
I have gone out of my way to get every single bit of helpful info to the adjuster at MAIF, as I would like to deal with this in a timely fashion... yet, it takes them 3 days to even return my phone calls, I had to record my statement twice, as apparently the first time was not saved. They were supposed to call me when someone was going to look at my car, and did not. They stated that someone had gone to look at my car, however it is parked in front of my boyfriends work, and he faces the parking lot and did not once see anyone come to look at it...
I guess I'll see how it goes, but as I said, I'm already preparing to contact a lawyer, as my gut says they are going to try and screw me on this...
Posted by: erinn | October 31, 2008 4:54 PM
I was driving my brother's vehicle when U was struck by another car insured with State Farm almost 2 years ago. State Farm paid for my property damages, and then paid for my BI case after I submitted the related medical reports and bills. However, MAIF (my brother's insurance carrier) refused to exhaust the $2500 limit for PIP benefits, despite submitting a $3600 medical bill for therapy. Of course, they say they audited the treatment and decided $800 was allowable. I went through the administrative appeal process to no avail. QUESTION: can I file suit in small claims against my brother's insurance carrier (MAIF)? Do I even have standing since Im not the policy holder? Im thinking breach of contract, but I dont have a contract with them, my brother is the policyholder. We simply live in the same household. What type of suit should I bring?
Posted by: Joe Adlander | December 7, 2009 3:18 PM
It is hard to give specific advice in a case without knowing all of the facts and you should consult a lawyer. If you sue for less than $5,000 in Maryland, you can sue in small claims courts which means filling serving the defendant and showing up for trial.
An element of a PIP claim is breach of contract because they contractually agreed to pay you for your medical bills from the accident that were fair, reasonable and causally related to the accident.
Posted by: Ron Miller | December 7, 2009 4:48 PM