Reported in the Portland Press Herald, October 22, 2010
HARRISON — Police in Harrison, Maine, say one teenager has been killed and three other people injured in a car crash.
Eighteen-year-old Thomas McLendon, of Oxford, was a passenger in a Chevrolet Trailblazer whose driver lost control rounding a corner and crashed into trees.
What happens if someone else’s negligence behind the wheel causes you injury and they don’t have enough insurance?sIn Maine, every auto insurance policy is required to have several components. In a previous post, we discussed uninsured motorist (UM) coverage, or the coverage that exists when the other party is not insured. The partner component of UM coverage is underinsured motorist (UIM) coverage. Like with UM coverage, every auto insurance policy in Maine must have a minimum of $50,000 per person and $100,000 per accident of UIM coverage (See Maine Revised Statutes Annotated Chapter 29-A Section 1605 (1)(C)(2) & (3) and Maine Revised Statutes Annotated Chapter 24-A Section 2902). This means, if you have insurance, you automatically have this coverage as part of your policy.
UIM coverage is used when someone causes you injury and their insurance policy is not sufficient to cover your damages. For example, although Maine requires $50,000 minimum of insurance, Massachusetts only requires $20,000 minimum. With the rising costs of medical expenses, even a moderate injury can easily use up this amount. This must also cover any lost wages, pain and suffering, attorney’s fees, and all other damages you may have. (The only exception is your vehicle damage, which is usually covered separately.)
So, if you are injured by someone who has $20,000 of insurance and you have $50,000, then there is a total of $70,000 of coverage right?sUnfortunately, no. In Maine, your UIM carrier receives a credit for the amount paid by the insurance company for the at fault driver. Therefore, in this example there is only a total of $50,000 of coverage. $20,000 paid by the at fault driver and $30,000 paid by your UIM carrier. Therefore, if you only have the minimum required insurance coverage of $50,000 of UIM, and someone else with the minimum causes you an injury, there is no additional coverage for your injuries.
What happens if someone else’s negligence behind the wheel causes you injury and they don’t have insurance?sIn Maine, every auto insurance policy is required to have several components. One of those components is uninsured motorist coverage (UM). Every auto insurance policy must have a minimum of $50,000 per person and $100,000 per accident of UM coverage. (See Maine Revised Statutes Annotated Chapter 29-A Section 1605 (1)(C)(2) & (3) and Maine Revised Statutes Annotated Chapter 24-A Section 2902). This means, if you have insurance, you automatically have this coverage as part of your policy.
UM coverage is used when someone with no insurance at all causes you injury. In that case, you can use up to the amount of your policy. Therefore, if you have only purchased the state minimum of insurance, the maximum amount available tosyou from an accident will be $50,000. This is true even if the accident was not your fault. With the rising costs of medical expenses, even a moderate injury can easily use up this amount. This must also cover any lost wages, pain and suffering, attorney’s fees, and all other damages you may have. (The only exception is your vehicle damage, which is usually covered separately.)
Note that the limit is further split, depending on how many people are injured in the accident. For example, if a family of three are traveling in the same car and all three are injured, the maximum amount available for the whole accident is capped at $100,000. No one person can recover more than $50,000 and the total amount the insurance company will have to pay will not exceed $100,000. Again, if all three have even moderate injuries, there will likely not be enough money to properly compensate everyone.
Reported by Bangor Daily News on September 14, 2010 and September 15, 2010
DEDHAM, Maine — A family of three from Jonesport was killed and an Orono man was injured Tuesday in a two-vehicle crash on U. . Route 1A.
Killed in the accident were Carlos A. Tapia, 34, his wife, Rachelle R. Tapia, 23, and Rachelle Tapia’s 4-year-old daughter, Mackenzie Gray, who was Carlos Tapia’s stepdaughter.
Three people are recovering from serious injuries after a head-on crash Monday morning in Paris. Police say a car heading north on Route 119 crossed the center line and collided with a pickup truck heading south. Driver Justin Rolfe, 26, of Paris and his passenger, Donavan Stevens, 26, of Hebron were listed in stable condition Monday night after Rolfe’s car crossed the center line on Route 119 in Paris on Monday morning and hit a truck, police Lt. Michael Dailey said. Terence Bean, 51, of Paris, was the driver of the truck.
A police investigation is underway. As personal injury specialists, Peter Thompson & Associates has investigated hundreds of accidents. In almost all cases, the primary and secondary causes of collisions are disputed, resulting in the need for a comprehensive accident reconstruction. While police will often conduct an accident reconstruction, we find it frequently necessary to conduct more detailed investigations of accident scenes to determine who was at fault. Because important evidence that will be necessary to provide the most accurate investigation is often lost as time passes, it is critical that a comprehensive accident reconstruction occur as soon as possible and that all witnesses to the accident are interviewed to preserve their recollections.
Police on Tuesday identified the Rochester motorcyclist dealt life threatening injuries in Saturday’s accident on Route 11 as Robert Lingard, 46, who remains in serious condition at Maine Medical Center.
Sgt. Jay Drury also identified the 18-year-old New Durham man driving the pickup truck that collided with Lingard’s motorcycle as John Chamberlin.
The accident remains under investigation.
A 46-year-old Rochester resident riding a motorcycle on Route 11 was airlifted to Maine Medical Center in Portland with life threatening injuries Saturday after colliding with a pickup truck.
Police Cpl. Mike McNeil said authorities are not releasing the names of those involved, pending notification of next of kin.
He confirmed the age and hometown of the motorcyclist and said the driver of the other vehicle, a white GMC Sierra pickup, is an 18-year-old from New Durham.
According to police reports, Wayne Turcotte, 24, who is believed to have been the driver of the 1999 Volkswagen car that crashed on Lyford Road. A passenger in the vehicle, Shane Stone, 24, of Orneville, was taken by ambulance to Eastern Maine Medical Center in Bangor. He suffered serious head injuries, Emerson said.
Mr. Stone has a potential claim against Mr. Turcotte’s insurance company and may have an additional claim for any underinsured motorist coverage he or a family member has.
This accident is under investigation.
Police say a vehicle heading east on Anderson Road went out of control, skidded, and hit a tree. Two people were in the car. The driver, Dylon Belanger and his passenger, Denise Dunton, both of Westbrook were taken to Maine Medical Center. Belanger is listed in critical condtion. Dunton is stable.
In this type of serious case, it is critical to conduct an accident reconstruction as soon as possible to preserve necessary evidence. For example, one of the best ways to determine whether speed was a factor in the accident is to examine and measure skid marks. Skid marks become markedly less visible as time passes, particularly if snow falls and the road is plowed. In addition, the damage to the vehicle is an excellent indicator of the speed of the vehicle immediately prior to impact, so it will be important to preserve the vehicle. At Peter Thompson & Associates, we have investigated hundreds of serious collisions and had the very best accident reconstructionists in the field determine how and why an accident occurred.
December 2, 2009: Rajeshbhaiv Patel, 47, of 9238 Aspen Dr., died from injuries he sustained in the crash which occurred just after 6 a.m. Dec. 2 on Golf Road east of Oakton Community College.
According to police, Rajeshbhaiv Patel’s passenger and co-worker, Ashwin Patel, 51, of 9581 Dee Rd., unincorporated Maine Township, was also seriously injured in the crash.
Des Plaines Police Commander Dan Niemann said the driver’s side of Rajeshbhaiv Patel’s 1999 Toyota Corolla was broadsided in the crash.
Maine Injury Lawyer Blog