After a car accident, a claim for medical expenses and other damages is typically submitted to the insurance company. If the insurance company delays or refuses to pay the claim, however, accident victims may be unsure of their legal recourse. Many people choose to hire a Maryland car accident attorney to file an insurance claim on their behalf and represent them in any subsequent legal action. A lack of legal knowledge and training could be detrimental in bringing a lawsuit against a big insurance company.
In a June 12, 2018 case, the plaintiff represented himself in a lawsuit against his insurance company to recover medical bills, lost wages, and other damages. The plaintiff in the case had been involved in a motor vehicle accident with an uninsured motorist. The plaintiff’s insurance company paid him the $2,500 policy limit of his personal injury protection benefits as a result of the accident. Thereafter, the plaintiff sought additional coverage pursuant to his uninsured motorist policy for medical expenses he incurred approximately six months after the accident to treat whiplash. The insurance company rejected the claim, and the plaintiff filed a lawsuit with the Maryland circuit court.
The plaintiff’s bad faith claim and claim for punitive damages were dismissed by the court, and the matter went to trial on the breach of contract claim. At trial, the plaintiff attempted to introduce his medical records and bills without expert testimony. The court sustained the insurance company’s objection, ruling that the plaintiff could not testify as to the medical opinions, diagnoses, or amount of the bills. Consequently, and due to the lack of expert testimony, the court granted the insurance company’s motion for judgment, concluding that the plaintiff had failed to prove his claim that the insurance company had breached their contract. The plaintiff then appealed to the Court of Special Appeals of Maryland.