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Small Claims Court Questions -- Recover Damages from Rear End Collision

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My granddaughter was rear ended by a UPS Truck. Damage to her car: $3K. Police responded, Police Report faults UPS Truck. Her insurance said UPS at fault, UPS pays and then her insurance basically abandoned her. UPS is ignoring her; recently claimed she was "making an illegal U-Turn." (No mention of this in police report).

I want her to pursue UPS through Small Claims Court. How does that work in MD if corporation is foreign? Will Maryland RA be served?
 


ALawyer

Senior Member
After an auto accident, most people who are not knowingly and seriously injured are concerned with getting the money to have their car fixed so they can return to normalcy, and be able to resume driving to work or school. As most people now have health insurance thanks to their employer and Obamacare, any charges from their doctor or hospital resulting from the accident are likely to initially billed to their own health insurer, so even those who were injured are unlikely to feel they are out of pocket for those expenses.

That's why, in their rush to have their car repaired, people too often sign a "release" and thereby relinquish their right to recover for any personal injury sustained -- which sometimes does not manifest itself until weeks after the accident. Oh, and then they learn that their health insurer had the right to recover from the person at fault in the accident, and that creates a mess for them as well.

My sense is that is what may have happened here. UPS paid for the car repairs, she signed a release, and now she recognizes there also were doctor bills, some loss of pay, some miscellaneous losses (cab fares, etc.) and maybe even some lingering pain requiring more medical care, and UPS says "sorry, we settled all that already."
 

xylene

Senior Member
Your daughter needs to bang the gong with HER insurance company.

UPS didn't get to be a huge mega corporation by paying easy. The insurer doesn't wan to litigate.

"basically abandoned" means she needs to start writing certified letters to her insurer.
 
Would her claim be under comprehensive coverage? My guess is her deductible on that (if she even has any comprehensive) would be so high as to make the repair unaffordable even if her insurer coughs up $$
 

adjusterjack

Senior Member
I want her to pursue UPS through Small Claims Court.
You don't pursue anybody. Not your car, not your accident. She would be the one to sue in small claims court.

Would her claim be under comprehensive coverage?
No, it would be the collision coverage.

My guess is her deductible on that (if she even has any comprehensive) would be so high as to make the repair unaffordable even if her insurer coughs up $$
Then that would be her problem for having a high deductible.

As long as UPS is ignoring her, she needs to get her own insurance involved. Her insurance company has a contractual obligation to cover her damage. On the other hand if what you aren't telling us is that her insurance company already figured up the repair cost and the repair cost is below the deductible then her insurance company has no further obligation to her.
 
Yes, pursue as pursue in court.

"Collision insurance is auto coverage that reimburses the insured for damage sustained to their personal automobile, due to the fault of the insured driver."

Any payment to repair her vehicle from her insurer would be as a result of comprehensive coverage, not collision.

I am "not telling" anything because I have no knowledge of her coverages and deductibles. However, even a $500 deductible on Comprehensive would be tough for her.

I started by asking a small claims court question. Anyone out there know an answer?
 

Zigner

Senior Member, Non-Attorney
Yes, pursue as pursue in court.

"Collision insurance is auto coverage that reimburses the insured for damage sustained to their personal automobile, due to the fault of the insured driver."

Any payment to repair her vehicle from her insurer would be as a result of comprehensive coverage, not collision.

I am "not telling" anything because I have no knowledge of her coverages and deductibles. However, even a $500 deductible on Comprehensive would be tough for her.

I started by asking a small claims court question. Anyone out there know an answer?
You are wrong - exactly wrong. From https://www.allstate.com/tr/car-insurance/what-is-collision-insurance.aspx:

What Does Collision Insurance Cover?


Collision insurance helps pay to repair or replace your vehicle if it's damaged from:
  • A collision with another vehicle
  • A collision with an object, such as a fence or tree
  • A single-car accident that involves rolling or falling over
 
You are wrong - exactly wrong. From https://www.allstate.com/tr/car-insurance/what-is-collision-insurance.aspx:

What Does Collision Insurance Cover?


Collision insurance helps pay to repair or replace your vehicle if it's damaged from:
  • A collision with another vehicle
  • A collision with an object, such as a fence or tree
  • A single-car accident that involves rolling or falling over
I’m guessing her insurer uses the definition of collision insurance found here : https://www.investopedia.com/terms/c/collision-insurance.asp

Anyone know anything about Maryland Small Claims Court procedures for foreign corporations?
 

Zigner

Senior Member, Non-Attorney
My granddaughter was rear ended by a UPS Truck. Damage to her car: $3K. Police responded, Police Report faults UPS Truck. Her insurance said UPS at fault, UPS pays and then her insurance basically abandoned her. UPS is ignoring her; recently claimed she was "making an illegal U-Turn." (No mention of this in police report).

I want her to pursue UPS through Small Claims Court. How does that work in MD if corporation is foreign? Will Maryland RA be served?
You STILL have failed to tell us what UPS paid and what you (or your granddaughter) believe still needs to be paid.
 

PayrollHRGuy

Senior Member
You STILL have failed to tell us what UPS paid and what you (or your granddaughter) believe still needs to be paid.
And this is critical. I can't imagine anything that UPS would pay without having a waiver of some type signed by the party they are paying.
 

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