Uninsured/Underinsured Motorist Complaint

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith / Lack of Good Faith
9. Damages
10. Enhanced Underinsured Motorist (EUIM) Allegations
11. Prayer for Relief
12. Verification

Caption

IN THE CIRCUIT COURT FOR [COUNTY NAME], MARYLAND

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY/TOWN], [COUNTY] County, Maryland, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of Maryland, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Md. Code Ann., Cts. & Jud. Proc. § 1-501 and § 4-401.

5. Venue is proper in [COUNTY] County pursuant to Md. Code Ann., Cts. & Jud. Proc. § 6-201 because [☐ the accident occurred in this county / ☐ Plaintiff resides in this county / ☐ Defendant transacts business in this county].

6. The amount in controversy exceeds $75,000, exclusive of interest and costs, conferring jurisdiction on this Circuit Court.

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY/TOWN], [COUNTY] County, Maryland.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Violation of Md. Code Ann., Transp. § [SPECIFIC TRAFFIC STATUTE]
☐ Other: [________________________________]

10. Plaintiff was free from any contributory negligence in connection with the accident.

11. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

12. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

13. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

14. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

15. The Policy provides UM property damage coverage with limits of $[UMPD LIMIT].

16. Plaintiff [☐ elected / ☐ did not waive] Enhanced Underinsured Motorist ("EUIM") coverage with limits of $[EUIM LIMIT PER PERSON] per person / $[EUIM LIMIT PER ACCIDENT] per accident.

17. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

18. Plaintiff's Personal Injury Protection ("PIP") benefits under Ins. § 19-505 have been [☐ exhausted / ☐ applied as applicable], in the amount of $[PIP AMOUNT].

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

19. The at-fault motorist was uninsured at the time of the accident within the meaning of Md. Code Ann., Ins. § 19-509, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ the at-fault motorist's insurer is insolvent / ☐ the at-fault motorist's insurer has denied coverage].

☐ Underinsured Motorist (UIM) Claim:

20. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is less than the UIM limits of Plaintiff's Policy.

21. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

22. Defendant Insurer was given written notice and the opportunity to consent to the settlement or advance the tortfeasor's policy limits, as required by Ins. § 19-511 and the Policy terms.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

23. Plaintiff incorporates by reference all preceding paragraphs.

24. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

25. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

26. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

27. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

Second Cause of Action

Bad Faith / Lack of Good Faith

28. Plaintiff incorporates by reference all preceding paragraphs.

29. Under Maryland law, an insurer owes a duty of good faith and fair dealing to its insured in the handling and processing of insurance claims.

30. Defendant Insurer breached its duty of good faith by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without a reasonable basis
☐ Failing to promptly settle when liability is reasonably clear
☐ Compelling Plaintiff to initiate litigation to recover amounts due
☐ Misrepresenting policy terms or applicable law
☐ Other: [________________________________]

31. Defendant Insurer's conduct was undertaken in bad faith and with reckless disregard for the rights of Plaintiff, entitling Plaintiff to compensatory damages and, if applicable, punitive damages.

Damages

32. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Property damage (UMPD, if applicable): $[AMOUNT]
☐ Punitive damages (bad faith claim only): According to proof
☐ Prejudgment interest
☐ Attorney's fees and costs

Enhanced Underinsured Motorist (EUIM) Allegations

33. ☐ EUIM Coverage Elected: Plaintiff elected Enhanced Underinsured Motorist coverage under the Policy with limits of $[EUIM LIMIT]. Pursuant to Ins. § 19-509.1, EUIM benefits are payable in addition to and without reduction for any amounts recovered from the at-fault motorist's liability insurer.

34. ☐ EUIM Coverage Not Elected: Plaintiff did not elect EUIM coverage. Standard UIM offset rules apply, and UIM benefits are reduced by amounts recovered from the tortfeasor.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy;
3. For EUIM benefits, if applicable, without offset for tortfeasor payments;
4. For punitive damages for Defendant Insurer's bad faith conduct;
5. For prejudgment interest as permitted by law;
6. For costs of suit incurred herein;
7. For attorney's fees as permitted by law; and
8. For such other and further relief as this Court deems just and proper.

Verification

I, [PLAINTIFF FULL NAME], do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Maryland [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Maryland

Sources and References

• Md. Code Ann., Ins. § 19-509 — Justia
• Md. Code Ann., Ins. § 19-509.1 — Maryland Legislature
• Maryland EUIM Coverage Overview — MWL Law
• Maryland Insurance Administration Bulletin 24-8