If a driver causes a collision, their insurance company will frequently provide compensation to anyone injured in the crash for the cost of their medical care. Such remunerations are often insufficient to cover a person’s losses, however; as such injured parties will often turn to their insurer to recover underinsured motorist benefits. Insurers may be reluctant to pay insureds benefits they are rightfully owed, though, and may argue that the losses suffered are not compensable, citing evidence such as medical records to support their position.
Recently, a Maryland court discussed what evidence might be considered in a claim for underinsured motorist benefits in a matter in which the plaintiff sought to exclude numerous categories of evidence. If you were hurt in a car accident caused by another driver, it is wise to speak to a Maryland car accident lawyer regarding your possible claims.
The Facts of the Case
It is alleged that the plaintiff sustained injuries in a collision caused by another motorist. He received policy limits from the other driver’s insurer, but they were inadequate to compensate him for his harm. As such, he filed an underinsured motorist claim with the defendant, his auto insurance company. The defendant denied the plaintiff’s claim arguing that the plaintiff’s losses arose out of a fall at a family function rather than a car accident. The plaintiff then filed a lawsuit against the defendant to recover benefits and subsequently filed numerous motions in limine asking the court to exclude parts of his medical history and other information from evidence.