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Sample Uninsured Motorist Complaint Against GEICO

Below is a sample uninsured motorist lawsuit against GEICO.  This sample lawsuit is designed to illustrate the typical structure and content of a complaint involving an insurance company failing to provide the coverage promised under an uninsured motorist policy.

This document is intended as a guide to help you understand the essential elements to include when drafting similar legal actions for clients who have been denied rightful claims after accidents with uninsured drivers.

Emily Bellamy

– Plaintiff

v.

Curtis P. Sears
– Defendant

IN THE CIRCUIT COURT FOR BALTIMORE CITY
CIVIL ACTION NO.:

UNINSURED MOTORIST COMPLAINT

Plaintiff, Emily Bellamy by her attorneys, Ronald V. Miller, Jr., Laura G. Zois, and Miller & Zois, LLC, and sues the Defendants, Curtis P. Sears and GEICO. In support of this uninsured motorist lawsuit against GEICO, the Plaintiff states as follows:

JURISDICTION AND VENUE

  1. Plaintiff resides in Baltimore, Maryland. She has lived in Baltimore her entire life.
  2. Defendant currently resides in Rockville, Maryland.
  3. Co-Defendant, GEICO, currently conducts business in the state of Maryland.
  4. On August 15, 2023, Plaintiff was driving in her car on Lombard Street near its intersection on Calvert Street in downtown Baltimore.
  5. At the same time and place, Defendant, Curtis P. Sears, was operating a truck traveling north on Calvert Street.

COUNT I – NEGLIGENCE

Plaintiff incorporates by reference herein all of the above paragraphs.

Uninsured Motorist Cases

  1. This is an action for losses caused by the negligent operation of a motor vehicle. Defendant, Curtis P. Sears, operated his vehicle in a negligent, reckless, and careless manner by failing to maintain proper control of the vehicle, causing the vehicle to strike Plaintiff’s vehicle instead of waiting to proceed from a red light.
  2. The collision was caused solely by the negligence and lack of due care on the part of Defendant with no negligence on the part of Plaintiff contributing thereto.
  3. As a direct and proximate cause of the motor vehicle crash, Plaintiff has suffered serious  physical injuries and these injuries are permanent and caused Plaintiff to suffer continuous pain since the day of the accident.
  4. As a direct and proximate result of the crash, Plaintiff has been badly injured. Among other injuries, she has broken her leg in three different places. She has been required, and will continue to undergo medical care and numerous diagnostic procedures with associated pain and discomfort. These are serious and permanent injuries. She has been prevented from performing the functions of her job, she has suffered and will continue to suffer great pain of body (and mind); has sustained permanent disability, deformity and loss of earning capacity. She has incurred significant medical bills.
  5. As a further and proximate result of the accident, Plaintiff has suffered, and will continue to suffer anxiety, fear, and emotional stress associated with the accident and his her injuries.
  6. As a further and proximate result of the accident Plaintiff has incurred, and will continue to incur, substantial medical expense and loss of employment income.
  7. As a further direct and proximate result of the accident and Defendant Sears’ negligence, the Plaintiff has incurred substantial damage to her vehicle and loss of the use of her vehicle.

WHEREFORE, Plaintiff demands judgment against Defendant Sears in an amount greater than $75,000.00, jointly and severally, plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate. Specifically, Plaintiff demands $300,000, which is the policy limit in this case. [Miller & Zois Note: The $75,000 part is the appropriate language now in Maryland in a tort claim.  We no longer need to request a specific amount when filing suit in a Maryland Circuit Court. You are also fine just to ask in the complaint for the policy limits if they are over $75,000.]

COUNT II – BREACH OF CONTRACT

The Plaintiff incorporates by reference herein all of the above paragraphs.

  1. At the time of the accident, the vehicle operated by the Defendant, Curtis P. Sears, was uninsured. After discovering this, Plaintiff timely notified GEICO of the motor vehicle collision and the fact that Mr. Sears had no automobile insurance. She complied with all terms and obligations of her policy. Of course, she wanted to receive the compensation she was entitled to recover that have been denied to her.
  2. At the time of the accident, the Plaintiff had in force a policy of automobile insurance issued by the co-Defendant, GEICO. Ms. Bellamy is the principal insured. She has been a GEICO customer for 17 years. This insurance policy contained a provision for uninsured motorist coverage which provided, among other things, insurance coverage for losses and damages sustained in accidents which were caused by the negligent operation of a vehicle by third persons, when that vehicle is uninsured at the time of the accident, and the third person is not otherwise entitled to coverage.
  3. GEICO breached its contract with the Plaintiff. The company has not, as promised, paid the Plaintiff the value of her claim as the uninsured motorist provision of her policy dictates.

WHEREFORE, Plaintiff demands judgment against GEICO in an amount greater than $75,000.00, jointly and severally, plus costs, pre-judgment interest, and post-judgment interest as this Court deems appropriate. Specifically, Plaintiff demands $300,000, which is the policy limit in this case.

Respectfully submitted,
Miller & Zois, LLC

Ronald V. Miller, Jr.

Miller & Zois
Alex Brown Building
One South Street, 24th Floor
(410)779-4600
(410)760-8922 (Fax)
Attorneys for the Plaintiff

PLAINTIFF’S REQUEST FOR JURY TRIAL

The Plaintiff, Emily Bellamy, pursuant to Maryland Rule 2-325, prays for a trial by jury on all issues.

How to File an Uninsured Motorist Lawsuit

In Maryland, and most states, there is an intricate statutory scheme that governs the filing of uninsured motorist lawsuits.  You will notice in the uninsured motorist lawsuit above there are two counts: negligence and breach of contract.  Uninsured motorist coverage is a hybrid between first and third party insurance.  So you need to bring both counts in a civil action for damages under your uninsured motorist coverage.
How Do You Serve an Uninsured Motorist Lawsuit
Most states, including Maryland, it easy to serve an insurance company.  Here, we can simply serve the insurance commissioner at
Maryland Insurance Administration
Kathleen A. Birrane, Commissioner
200 St. Paul Place Suite 2700
Baltimore, Maryland 21202
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