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.
Evidence Relevant to Underinsured Motorist Claims
The court granted the plaintiff’s motions in part and denied them in part. The court noted that the plaintiff moved to preclude the information in question on the grounds that it was irrelevant and therefore inadmissible. Alternatively, he argued that the risk of prejudice to the plaintiff far outweighed the probative value of the evidence. The defendant countered that evidence regarding his medical history, other claims and lawsuits, and social security disability status was probative to the issues of damages and causation and, therefore, should be admitted at trial. Ultimately, the court found that evidence of the plaintiff’s leg and toe amputations was admissible, while evidence of his prior lawsuits, claims, and receipt of disability benefits was not.
Speak to a Trusted Maryland Attorney
If you were injured in an auto accident, you might be owed compensation from both the party that caused the collision and your insurer, and you should speak to an attorney as soon as possible. The trusted Maryland lawyers of Foran & Foran, P.A. possess the skills and experience needed to help you seek the best outcome possible under the facts of your case, and if you hire us, we will work tirelessly on your behalf. We have an office in Greenbelt, and we regularly represent parties in cases arising out of car accidents in cities in Prince George’s County and Montgomery County. You can contact us through our online form or by calling us at (301) 441-2022 to set up a confidential and free meeting.