Important Changes to Car Insurance in Maryland

Posted on by Horman Nichols, LLC

One area that we often touch on in our blog articles is auto insurance.  In January of this year we discussed the topic of how much insurance coverage you should think about covering on your liability policy.

Another component of insurance that we haven’t spoken about is uninsured or underinsured motorist coverage (“UM or UIM”).  Everyone is required to carry it in Maryland and as a default, your UM/UIM coverage limits mirrors that of your liability limits.  So, if you carry $100,000.00 in liability coverage, you also have $100,000.00 in UM/UIM coverage.  This means if someone who has no insurance, or limits under $100,000.00 causes injury to you or your passengers in your car, you can recover up to the limits of your UM/UIM policy.  So, for example, if the at-fault driver has a $30,000.00 policy and your damages exceed that, you can pursue a claim under your UIM policy for up to $100,000.00.  It is important to note that you do not get to “stack” the two and get $130,000.00.  Your recovery is capped at your UM/UIM policy limits and you can recover the difference between the at-fault party’s liability policy and your UM/UIM policy from your insurance company.  Which, in this example is $70,000.00 (100,000 – 30,000).

In Maryland, these UM/UIM limits have been capped at your policy limits, no matter how many vehicles you have insured.  So, using the same example above, even if you have 3 vehicles under that policy, you are capped at $100,000.00 cannot stack the policies on each insured vehicle for a total of $300,000.00.  Some states allow this and it is a huge benefit to individuals injured by someone else who carries no or very little insurance.  The difference in have $100,000.00 in possible recovery versus $300,000.00 can be very important if you’re dealing with serious injuries.

Beginning July 1, 2018 in Maryland, you can purchase Enhanced Underinsured Motorist (“EUIM”) coverage on all NEW automobile policies issued in Maryland. You may be able to also add this coverage on existing Maryland automobile, but this option will vary depending on your insurance company.

We strongly encourage you to contact your insurance agent to see if this coverage is available to you under your existing policy and if you are purchasing a new policy of insurance, you should look into EUIM coverage.

 

Jury Awards $4.00 in Wrongful Death Case

Posted on by Horman Nichols, LLC

Last week, a federal jury in Florida awarded Greg Hill, Jr.’s family $4.00 in their claims against a St. Lucie County Sheriff’s deputy.

On January 14, 2014, St. Lucie County Sheriff’s Deputy Christopher Newman and his partner, Deputy Edward Lopez, were investigating a complaint for loud music.

Deputies got no response at the front door of the house, so they knocked on the garage door.  The Sheriff’s department alleges that as the garage door opened, the deputies saw Hill with a handgun down at his side.  When they ordered Hill to drop his gun, the deputies allege that he pointed the gun at the deputies at the same time as he pulled the garage door closed.  Deputy Newman then shot Hill through the garage door, killing him.

A jury awarded Hill’s family $4.00.  The evidence at trial showed that Hill’s blood alcohol level was 0.4, or 5 times the legal limit for operating a motor vehicle.  Because of this, the jury found that Hill was 99% responsible for his death and the award was reduced to $0.04.

Florida uses what is known as pure comparative negligence.  This means that whatever amount a plaintiff was negligent, their recovery will be limited by that amount.  So, in HIll’s case because the jury found he was 99% negligent, the award was reduced by 99%.

The attorney for Hill’s family indicated he will be requesting a new trial and if that is denied, he’ll file an appeal.