When found “Not Guilty” in court, can your owninsurer still hold you negligent for hitting the other driver?

Truck hit me. I was accused of “Unsafe Lane Change”. I went to court. Trial with judge and police officer. Verdict was “Not Guilty”. No Points; no charges; no costs. My insurance company paid the other driver’s truck damages. Can I retrieve my deductible and ask my insurer to get truck company to pay their own damages? Should I be charged at fault by my insurance company after a “Not Guilty” verdict?

Asked on July 22, 2010 under Insurance Law, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First off, congratulations!  You should be very proud of yourself for winning.  I believe that Maryland is fault state, meaning that the insurance carrier wil asses fault to the parties in the accident and pay out the claims accordingly.  In your case they were probably provided with the police report of the accident.  Was the police report one sided against you?  They might also have taken some statements and used them.  But given the outcome of your court case I would indeed try and recoup your deductible from them.  If the accident also caused your rates to go up I would fight that as well.  As for the payment made to the other car owner they can do as they please as long as the payment did not effect you in any way.  Good luck.


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