In Maryland every driver is required to carry automobile liability insurance. However the law only requires a 20/40 policy. As such you can end up with a situation where your personal injury claim exceeds the value of the defendant's liability policy. Assuming you do not have adequate under insured motorist coverage yourself, then what are the prudent steps to follow to verify there is no other source of coverage for your personal injuries after the defendant insurer offers policy limits. I recommend you secure an affidavit from the defendant. This can be a bit tricky since you will need to communicate through the defendant's insurance company. However it is necessary in the serious accident cases. The affidavit should attest to no agency, and no insurance from business, household or any and all other sources. In the event you have reason to believe the defendant has personal assets, sometimes unlikely when there is only a 20/40 policy, however, not impossible, then I suggest an asset check. The asset checks are fairly limited in my opinion, but can find real property, which often times have value. If you have any questions on this issue please feel free to call me. I am a Maryland personal injury lawyer.
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