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Uninsured Motorist Or ALL MY FAULT?

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What is the name of your state? WV (accident occured in Maryland)

Hello All:
My question is about uninsured motorist coverage. I was in an accident a few weeks ago.I was travelling West on I-70 (middle lane)when an idiot in a Pontiac Grand Am changed lanes without looking.I thought he hit my left 1/4 ,but that was not the case. In response to him "cutting me off" I tapped my brakes and steered into the far right lane. Well, I must have oversteered,because I ended up sailing over the guardrail and into a ditch!

There were two 'witnesses' the same guys who called 911 for me.They told the police that they saw me go off the road,however there was a 'big-truck' obstructing their view,so they did not see the Pontiac.

I ended up with a $75 ticket and a busted up vehicle and some minor injuries.My insurance company refuses to run this through uninsured motorist....the claims rep said it was my fault "I should have let the guy hit me,then it would have been his fault" I would like some opinions about this.
The way I see it,I had no other choice,I had to get out of his way to avoid a collision.The insurance company thinks otherwise.Any opinions would be appreciated.

Thanks
 
Last edited:


teflon_jones

Senior Member
Did the driver that cut you off stop? Did you get the plate number? Was the driver cited?

As for the ticket, you can plead innocent and explain what happened to the court and hope they let you off.
 
teflon_jones said:
Did the driver that cut you off stop? Did you get the plate number? Was the driver cited?

As for the ticket, you can plead innocent and explain what happened to the court and hope they let you off.

No the Pontiac driver did not stop.Everything happened too fast to get a tag number. I was actually cited for "failing to maintain reasonable speed" as rain had fallen and the roads were still wet.I was doing the speed limit.Officer Friendly said the law is :10 to 15 miles under in wet conditions.

I am hoping to explain in court..............
 

teflon_jones

Senior Member
Sounds like you were guilty of the offense you've been charged with. Do your best to explain what happened and maybe they'll reduce or dismiss it, but since the other driver wasn't cited you have an uphill battle ahead of you.
 
teflon_jones said:
Sounds like you were guilty of the offense you've been charged with. Do your best to explain what happened and maybe they'll reduce or dismiss it, but since the other driver wasn't cited you have an uphill battle ahead of you.


I figured as much.............thanks for your reply Tef. ;)
 
It Would have been Less Expensive to Stay Home!

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Well,the court date has come and gone.Had I just paid the ticket ,it would have cost me 75 bucks....I went to court,and they slapped on 35 dollars in 'court fees' No points...but more costly as far as out of pocket. Wish I woulda just mailed a check!


So, the tally of consequenses for the guy cutting me off is:

one totaled vehichle
one torn rotator cuff
one ripped miniscus
nerve damage
higher insurance premiums for the next couple years
$100 to the State of Maryland,because,I failed to maintain a prudent speed.
 
DiannaMaria66 said:
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Well,the court date has come and gone.Had I just paid the ticket ,it would have cost me 75 bucks....I went to court,and they slapped on 35 dollars in 'court fees' No points...but more costly as far as out of pocket. Wish I woulda just mailed a check!


So, the tally of consequenses for the guy cutting me off is:

one totaled vehichle
one torn rotator cuff
one ripped miniscus
nerve damage
higher insurance premiums for the next couple years
$100 to the State of Maryland,because,I failed to maintain a prudent speed.
Thanks for the update. Unfortunately, that was an expensive lesson for you to learn. Ultimately, the points would have cost you more money in the long run, so going to court was the best option for you under this circumstance. It cost you more initially, but will not in the long run.

By the way, the reason this didn't fall under your uninsured motorist is because the driver did not hit you. Even if you'd been able to prove he cut you off, it wouldn't be a UM claim. If he'd been cited for it you would have had a liability claim against him. Just an FYI.

Good luck
 
I understand............but

Are 'points' for an infraction in Maryland going to follow mw back to my WV DL? not so sure.I am confused ....yeah ,it was an expensive lesson! I have learned
A) the insurance company would not have found me @ fault,had I let the guy come into contact with my vehicle.

B) there is such a law as 'if the road is damp it is illegal to go the speed limit according to officer friendly,you must drive 10-15 miles under the posted limit. :rolleyes: been driving for 28 years,that's a new one for me!

C) either way,I was screwed as far as the MD state police: had I let the road rager hit me,surely they would have charged me with 'failure to avoid an accident :eek:

Thanks for the uninsured motorist info AZ :)
 
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