We were recently contacted by a new client. His wife had been driving their four children home from school. She was driving through an intersection with the green light when another car made a left turn and struck their car with significant force. As a result, ultimately, the car was “totaled.” The damage to his car exceeded its value. It also was no longer drivable. The extent of the personal injuries is being determined.
Our client had no collision coverage, which meant his insurance company would not pay to replace his car. The accident appeared to be the fault of the other driver and not of his wife. Nevertheless, the other driver’s insurance coverage denied liability and refused to pay him the damages he had suffered. As a result, our client was without a car, destroyed in this accident and not replaced by the other insurance company.
We filed suit in District Court for our client seeking the recovery of his property damage. The other insurance company defended the other driver and denied all responsibility. It claimed that our client’s wife ran her red light. We had a contested trial in District Court in Catonsville. After testimony from four witnesses, the Judge ruled that the accident was 100% the fault of the other driver, and that my client’s wife was not at fault at all. A result, the court determined that my client was entitled to be paid for his car and any consequential damages. The other insurance company quickly sent the check, reimbursing my client in full for his property damage and towing expenses.
This of course was not a big case. Nevertheless, our client’s car was destroyed through no fault of his own and he was entitled to have it fixed. The other insurance company refused to pay the damages, until ordered to do so. We are grateful that we were able to achieve this result for our client so that he could replace his car.