If an insurance company refuses to cover your injuries after a Maryland car accident case, you may have to take legal action. In some situations, you may be able to recover your attorney’s fees and court costs in bringing the lawsuit. In an April 16, 2019 case, the Court of Special Appeals of Maryland considered whether an auto insurance company should have been ordered to pay the plaintiff’s attorney’s fees and costs after she successfully obtained a settlement.
The plaintiff in the case was injured in a motor vehicle collision in Maryland. The driver who caused the accident was in a rental car at the time. He was insured by the defendant insurance company under a policy issued to him in West Virginia, which provided liability coverage up to $20,000. Following the accident, the plaintiff filed a personal injury suit against the driver. The defendant offered to settle the suit for the coverage limits of the driver’s policy. The plaintiff refused the settlement offer, asserting that because the accident occurred in Maryland, the other driver should have been covered for up to $30,000 for bodily injury liability.
The plaintiff sought a declaratory judgment from the court to establish that $30,000 of liability coverage was available to her under the other driver’s insurance policy. The defendant ultimately offered her $30,000 to settle the case, which she accepted. The plaintiff then filed a motion for attorneys’ fees and costs based upon the declaratory judgment action she had pursued against the defendant. When the court denied the request, the plaintiff appealed.