Uninsured/Underinsured Motorist Complaint - Maryland

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Before you use this: Include the second count only if § 27-1001's administrative route has produced a final decision or an exception in § 3-1701(c)(2) applies. Complete the applicable gateway allegation and attach the Civil – Non-Domestic Case Information Report (CC-DCM-002), unless exempted under Md. Rule 2-111(a).

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 — Statutory 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 applicable liability insurance / ☐ with applicable liability limits below Plaintiff's standard UM coverage limit under Ins. § 19-509(a) / ☐ whose vehicle is the subject of an applicable enhanced underinsured motorist (EUIM) claim under Ins. § 19-509.1]. [Select the status supported by the policy and facts.]

Jurisdiction and Venue

4. This Court has original jurisdiction under Md. Code Ann., Cts. & Jud. Proc. § 1-501. [SELECT ONE: ☐ The amount in controversy exceeds $30,000, above the District Court's § 4-401(1) limit for this contract action. / ☐ The amount in controversy exceeds $5,000 but does not exceed $30,000, and Plaintiff elects this Court under § 4-402(d)(1)(i).]

5. Venue is proper in [COUNTY] County under Md. Code Ann., Cts. & Jud. Proc. § 6-201(a) because Defendant Insurer [☐ maintains its principal Maryland office here / ☐ carries on regular business here / ☐ other verified venue basis: [________________________________]].

6. Plaintiff seeks a money judgment [SELECT ONE: ☐ of $[AMOUNT OVER $5,000 BUT NOT OVER $75,000] / ☐ exceeding $75,000, without specifying a dollar amount], exclusive of interest, costs, and recoverable attorney's fees. [Under Md. Rule 2-305(b)(1), state the amount sought if it does not exceed $75,000; if it exceeds $75,000, state only that it exceeds $75,000. Use the same amount category in paragraph 4 and in the prayer.]

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 EUIM on a policy issued before July 1, 2024 / ☐ has EUIM on a new private passenger policy issued on or after July 1, 2024 and did not validly waive it] with limits of $[EUIM LIMIT PER PERSON] per person / $[EUIM LIMIT PER ACCIDENT] per accident. [Omit if the policy has only standard § 19-509 coverage.]

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

18. [If applicable: Plaintiff's Personal Injury Protection ("PIP") benefits under Ins. § 19-505 have been [☐ exhausted / ☐ applied as applicable], in the amount of $[PIP AMOUNT].] [Check whether the first named insured affirmatively waived PIP in writing under Ins. § 19-506; omit or adapt this allegation if PIP was waived or does not apply.]

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 sustained damages within the applicable Policy limits. Plaintiff seeks the amount identified in paragraph 6, subject to proof at trial and the Policy.

Second Cause of Action

Statutory Lack of Good Faith — Cts. & Jud. Proc. § 3-1701

28. Plaintiff incorporates by reference all preceding paragraphs.

29. Plaintiff pleads this count under Md. Code Ann., Cts. & Jud. Proc. § 3-1701. The administrative prerequisite in Md. Code Ann., Ins. § 27-1001 has been met, or a statutory exception applies (select and complete one):

☐ Plaintiff first filed a complaint with the Maryland Insurance Administration on [DATE]; the Administration or administrative law judge issued a final decision on [DATE].

☐ Plaintiff and Defendant Insurer agreed to waive the administrative prerequisite on [DATE]; attach or identify the agreement: [________________________________].

☐ This claim is under a commercial insurance policy with an applicable liability limit exceeding $1,000,000; identify the policy and limit: [________________________________].

30. Defendant Insurer failed to act in 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 failed to act in good faith as defined in § 3-1701(a)(5). Plaintiff seeks only the relief authorized by § 3-1701(e): actual damages within the applicable policy limit, expenses and litigation costs including reasonable attorney's fees, and statutory interest, if proved.

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
☐ Future medical expenses
☐ Past lost wages/earnings
☐ Future lost wages/earning capacity
☐ Pain and suffering (past and future)
☐ Emotional distress
☐ Property damage (UMPD, if applicable)
☐ Expenses, litigation costs, and reasonable attorney's fees under § 3-1701(e), if the statutory count is proved
☐ Prejudgment interest

Enhanced Underinsured Motorist (EUIM) Allegations

33. ☐ EUIM Coverage Applies: Plaintiff [☐ elected EUIM on a policy issued before July 1, 2024 / ☐ has EUIM on a private passenger policy issued on or after July 1, 2024 and did not validly waive it]. The Policy provides EUIM limits of $[EUIM LIMIT]. Pursuant to Ins. § 19-509.1, EUIM benefits are payable in addition to and without reduction for amounts recovered from the at-fault motorist's liability insurer, subject to the Policy and statute.

34. ☐ Standard UM Coverage Applies: Plaintiff [☐ did not elect EUIM on a renewal policy issued before July 1, 2024 / ☐ validly waived EUIM on a new private passenger policy issued on or after July 1, 2024 / ☐ holds a policy within a statutory EUIM exception]. Verify the policy and waiver; any standard UM/UIM offset follows § 19-509 and the Policy.

Prayer for Relief

WHEREFORE, Plaintiff demands judgment against Defendant Insurer as follows:

1. For compensatory damages [SELECT ONE: ☐ in the amount of $[AMOUNT NOT EXCEEDING $75,000] / ☐ exceeding $75,000, without specifying a dollar amount], consistent with paragraph 6 and Md. Rule 2-305(b)(1), subject to proof and applicable Policy limits;
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 expenses and litigation costs, including reasonable attorney's fees, if recoverable under § 3-1701(e), with fees capped as § 3-1701(g) provides;
5. For prejudgment interest as permitted by law;
6. For costs of suit incurred herein; and
7. 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], Maryland Attorney No. [MARYLAND ATTORNEY 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 — Maryland General Assembly
• Md. Code Ann., Ins. § 19-509.1 — Maryland General Assembly
• Md. Code Ann., Ins. § 19-505 (PIP) — Maryland General Assembly
• Md. Code Ann., Ins. § 19-506 (PIP waiver) — Maryland General Assembly
• Md. Rule 2-305(b)(1) (money judgment demands) — Maryland Judiciary
• Md. Code Ann., Ins. § 27-1001 (administrative route) — Maryland General Assembly
• Md. Code Ann., Cts. & Jud. Proc. § 3-1701 (statutory lack-of-good-faith claim) — Maryland General Assembly
• Md. Code Ann., Cts. & Jud. Proc. § 11-108 (noneconomic damages cap) — Maryland General Assembly
• Maryland EUIM Coverage Overview — MWL Law
• Maryland Insurance Administration Bulletin 24-8