The Importance of Gap Insurance After a Car Accident

When a person gets a new vehicle, the majority of us want that car to run us as long as possible, the last thing we think of is the possibility of that car being totaled before it is even paid off. Unfortunately, accidents do happen, and that’s where the importance of gap insurance comes into play.

If you’re in an accident where your vehicle is totaled and it is not yet paid off, you could still owe thousands of dollars to the lien holder even after the total loss check has been cashed. Insurance companies usually offer the minimum amount of your vehicles value, which is often far less than what you actually paid for the car. This means that not only do you no longer have a vehicle, but you also still have to pay off that car.

However, if you have gap insurance, it will likely pay the difference between whatever the insurance company paid to the lien holder and what you still owe, in order to pay the vehicle off. If you have been injured in an auto accident, call the top rated attorneys of Portner & Shure so we can properly guide you through all the necessary steps and help you fully utilize all coverage that is available.

Pedestrian Killed Crossing Route 40 in Harford County

The Aberdeen Police crash team is investigating an accident that occurred Friday, April 2, 2010.  Michael R. Patton, 49, of Aberdeen was struck and killed by a man from Edgewood operating a 2002 International truck in the eastbound lanes of Pulaski Highway near Carol Avenue, in Harford County.  The identity of the man operating the truck has not yet been released and a spokesperson for the police department indicated they are not sure if charges will be filed.

The accident occurred in a fairly dark location of the roadway.  The crash team when investigating these types of accident has to look at environmental issues, lighting and those types of things that could make it safer for pedestrians.   Pedestrians should also use crosswalks, whenever possible and look both ways before crossing a highway.  

Regardless, of whether it was pedestrian error or the driver's fault that the accident occurred, the pedestrian is entitled to benefits from that driver's policy.  Specifically, his family would be entitled to Personal Injury Protection benefits to cover funeral expenses up to the limit of coverage available under that driver's policy.  In the event the pedestrian also owned a motor vehicle and carried Personal Injury Protection benefits in excess of the driver who struck him, than his family could also look to his policy to cover additional expenses. The family of the deceased may also bring a wrongful death claim.  

If you, a family member, or someone you know has been injured in a pedestrian accident or any other type of automobile accident or you need more information on automobile accidents and Personal Injury Protection benefits, please contact Portner & Shure and speak with one of our Maryland accident lawyers for a free consultation.

Accident Caused Truck to Hang Off Bridge: Possiblity of Workers' Compensation and Auto Accident Insurance Benefits

On April 16, 2010, there was a dangerous truck accident between two work vehicles. Early that Friday morning in the 1600 block of Pennington Avenue in Baltimore, Maryland a utility work vehicle and a tanker truck collided. The truck accident caused the tanker truck to go off the roadway. The drawbridge located at Ordinance Road and Pennington Road was temporarily closed. Both drivers suffered injuries and were taken to Maryland Shock Trauma Center for evaluation.

A claim can be brought against the "at fault" party for property damages and bodily injuries. However, liability must be determined. If the facts of the accident are unclear then the assistance of an accident reconstructionist may be needed. An accident reconstructionist can help determine the cause of an accident.

However, if it is found that either or the drivers contributed to this collision then they may both be barred from any recovery under the rules of "contributory negligence." Contributory negligence is a popular defense that insurance companies use in order to deny claims. An experienced attorney would be able to help determine if this argument has merit.

Moreover, if the drivers were operating, these vehicles while working, they would be able to pursue a claim for Maryland workers' compensation benefits. Maryland workers' compensation benefits could assist them with loss of income, medical expenses as well as compensation for any permanent injury sustained as a result of this truck accident. Workers' Compensation benefits apply regardless of fault. In other words even the at fault driver in this truck accident could obtain such a recovery.

The Maryland accident attorneys at Portner & Shure have handled thousands of claims involving truck accidents as well as workers' compensation claims. For a free legal consultation or more information on car accidents or work related injuries, feel free to visit us for a free consultation.

Driver Intentionally Hits Four People With Car

In early March, the driver of a vehicle intentionally hit four people in Chillum, Maryland with his vehicle. Two of the victims sustained injuries after being struck on University Parkway. The Prince George's County Police are unsure of the reason behind this assault but indicated that this appeared to be a domestic matter. Although the driver was taken into custody after the assault, the details of the charges pending against him were not made available.

An intentional tort is defined as "a tort in which the actor is expressly or impliedly judged to have possessed intent or purpose to injure." This situation is a perfect example of an intentional tort. If the driver willingly got behind the wheel of a car and struck a crowd of people in an effort to hurt or injure anyone then his actions can be classified as an intentional tort.

Assuming the automobile insurance carrier covers this intentional act, the injured individuals in this situation could pursue a claim for bodily injuries against the driver of the vehicle.. The drivers' insurance carrier could be responsible for medical expenses, lost wages, pain and suffering or even mental distress. Problems may still occur with the amount of automobile coverage available since at least two people were hurt. In cases were multiple people are injured a Maryland automobile accident attorney must quickly determine all possible personal injury coverages.

If you, a family member, or someone you know was injured in a car accident or if you would like more information on automobile accident, please contact Portner & Shure for a free consultation.