Am I Entitled To Collect Pain And Suffering From My Own Insurance Company?
This is an interesting question. In order to understand the answer, one must first understand the types of insurance coverage available, and the types of damages awarded, generally, under Maryland law for injuries that result from an automobile accident. Maryland requires mandatory liability coverage on all vehicles. As Attorney Eric T. Kirk will tell you.
This type of insurance provides a source of recovery for others who are issued by the insured person’s negligence. You may also purchase first-party personal injury protection or PiP benefits. These are a no-fault benefits available to drivers and passengers and will cover their lost wages or medical expenses, irrespective of fault. You may also have uninsured or underinsured motorist benefits. This is the type of coverage implicated by the question posed in the title of this article and provides coverage and a source of recovery for both economic and non-economic damages for the occupants of a vehicle that is struck by an uninsured or underinsured vehicle.
So the answer is, yes, it is possible to recover for pain and suffering -i.e. non-economic damages- from your own insurance company where you are injured by an uninsured or underinsured driver.
Fault, or contributory negligence would typically preclude any uninsured or underinsured recovery. Maryland law, generally, allows for the recovery of damages for personal injury and the two general types of damages commonly available are economic and non-economic. Economic damages would be things such as lost wages, medical expenses, and out-of-pocket expenses. Non-economic damages are those that a lot of people referenced by the short-hand moniker ”pain and suffering”. Certainly, physical, emotional and mental pain and discomfort are part of the equation. But the concept is far broader, and encompasses things like physical impairment, scarring, embarrassment and aggravation.
I’ve made a career of battling insurance companies, to ensure fair compensation for those I represent. I’d be happy to take a complimentary look at your claim and offer my opinions and advice. Feel free to contact me today to schedule a discussion.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
