New Maryland Accident Law: Useful Change for Personal Injury Lawyers

Every plaintiffs’ attorney in Maryland has at some point become frustrated with an insurance company over game playing with respect to the their client’s insurance policy. Under current Maryland law, an insurance company is not required to disclose its policy limits although such information is readily available in discovery after a lawsuit is filed. Some adjusters would give you enough information with a wink and a nod to figure it out. But most insurance adjusters just stand the party line like robots and say “Our policy is not to give out that information.”clipboard

Injured clients understandably find this maddening: we tell them they are better off waiting until there is clarity on permanency before filing a lawsuit. But in some case, this means lying around in pain having no idea if you will ever be adequately compensated for your loss. It is maddening.

Starting on October 1, 2011, insurance companies will be required to disclose their policy limits if the following information is provided to them:

(1) the date of the vehicle accident;
(2) the name and last known address of the alleged tortfeasor;
(3) a copy of the vehicle accident report, if available;
(4) the insurer’s claim number, if available;
(5) the claimant’s health care bills and documentation of the claimant’s loss of income, if any, resulting from the vehicle accident; and
(6) the records of health care treatment for the claimant’s injuries caused by the vehicle accident.

Why do you have to provide all of this information about the plaintiff’s injuries in the accident? I have no idea. But this is certainly a step in the right direction.

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