Bad faith is broadly defined as dishonest or unfair practices. Insurance companies are required to thoroughly investigate, negotiate, and settle claims in good faith. When that doesn't happen, they can be held liable.

To pay as little as possible, some insurance adjusters utilize the following bad-faith tactics:

Unreasonable delays. Sometimes insurance adjusters will drag out the process, hoping that a claimant eventually gives up. Most states have established deadlines of 15–60 days for denying or accepting a claim.

Deceptive practices. You might be unaware of a facet of your coverage. The insurance adjuster is completely aware, yet they do not alert you. They might also choose not to notify you of important deadlines or provide the necessary paperwork to complete your claim on time.

Incomplete investigation. If the insurance adjuster does not look at all the evidence or fails to conduct a personal inspection, they haven't been thorough.

Lowballing. Offering less money than a claim is worth is an example of bad faith.

Refusal to pay a valid claim. When insurers deny claims that are clearly covered by their policies, it's evident that policyholders' interests come in a distant second to profits

Twisting language. An insurance adjuster may misrepresent the language of the insurance policy and use it against you.

Threats. Some insurance adjusters threaten harsh legal action against a potential claimant or imply it.

If you or a friend or family member have been the victim of bad-faith insurance practices or injured in a car accident, contact us for a FREE consultation.

Dedicated to protecting and advancing your rights,

Truth is, a pre-existing injury may have no impact on claim value or can  even lead to higher compensation, since the accident could have caused more severe injury and pain than it otherwise would have due to the pre-existing condition (something known as the "eggshell plaintiff" rule).

Of course, insurance companies should not have to pay for injuries or conditions that already existed prior to an accident.  But it is rarely that simple, and it is untrue that all pre-existing injuries or conditions are unaffected by an auto accident.  What's fair is fair, and insurance companies should be required to pay for the injuries, pain and/or worsening that a person suffers as the result of an auto accident. 

Be aware:  some insurance adjusters will try to settle a case quickly, without the involvement of an attorney. And yes, your claim can be settled in short order, but it will be a lopsided outcome in favor of the insurance company.

The best way to make sure you receive full compensation if you have a pre-existing injury made worse by an accident is to contact us.  We have decades of experience in auto accidents, and we are able to use a variety of strategies to build a case for high compensation even when there is a pre-existing injury.  We have had excellent results for our clients in this regard.

Make no mistake: insurance adjusters are well-trained employees who have one goal in mind – to limit the amount of compensation paid out for your claim (or to deny it altogether). And, they've got lots of tactics to achieve their goal, including:

• Trying to get you to give a recorded statement in the hopes that you will make a mistake in your recollection of the accident, omit key details or prior injuries or maybe even admit that you were partially at fault for the accident;

• Asking you to sign a medical release form, which gives them access to your medical records. This isn't done to make sure you get a fair settlement; instead, it's done to find evidence of pre-existing injuries or other factors that can minimize your claim or lead to it being denied;

• Pressuring you to accept a low-ball settlement offer within days of the accident. Again, the adjuster isn't worried about you getting fair compensation to cover your medical bills or help to ensure your future financial security. He or she wants you to accept a low amount of money that will limit the insurance company's payout;

• Discouraging you from hiring an attorney (which the adjuster knows will almost certainly lead to you receiving more compensation);

• Delaying and dragging their feet on your claim hoping that you might give up or accept a low offer.

We know all the things insurance companies will use to gain an advantage over you. Call us to level the playing field.

Dedicated to protecting and advancing your rights,

Rick Lundin

One of the best ways to help keep your children safe in vehicles is to properly use car seats, booster seats and seat belt use.

Birth up to Age 2 – For the best possible protection, infants and children should be buckled in a rear-facing car seat, in the back seat, until age 2 or when they reach the upper weight or height limit of their seat.

Age 2 up to at least Age 5 – When children outgrow their rear-facing seat they should be buckled in a forward-facing car seat, in the back seat, until at least age 5 or when they reach the upper weight or height limit of their seat.

Age 5 up until seat belts fit properly – Once children outgrow their forward-facing seat they should be buckled in a belt positioning booster seats until seat belts fit properly. Seat belts fit properly when the lap belt lays across the upper thighs (not the stomach) and the shoulder belt lays across the chest (not the neck).

BACK SEAT IS SAFEST!  All children aged 12 and under should be properly buckled in the back seat. Airbags can kill young children riding in the front seat. Never place a rear-facing car seat in front of an air bag. Buckle children in the middle of the back seat when possible, because it is the safest spot in the vehicle.

Dedicated to protecting and advancing your rights,

Rick Lundin

If you're lawfully pulled over, can the police order you out of the car? The answer is, yes.  And the officer doesn't need to give a reason. 

Why?  Because the Supreme Court has held that the benefit to police officer safety (protection from assault or accidental injury) outweighs the "minimal" additional intrusion on a driver's liberty that is caused by being ordered out of the car during a traffic stop.

And what if you're a passenger? As with the driver, the police also have the right to order a passenger out of the car as a precautionary measure even if there is no reason to suspect that the passenger has committed a crime or poses any risk. Again, for safety reasons, the Supreme Court has found it reasonable that the police officers have "unquestioned command of the situation."

So if you find yourself lawfully pulled over for a traffic stop, be aware that the police have the right to order you out of the car as a matter of course and they don't have to give a reason. The Supreme Court has held that this is a reasonable police power and doesn't violate your Constitutional rights. 

Dedicated to protecting and advancing your rights,

Rick Lundin

DUI checkpoints are warrantless seizures under the Fourth Amendment, and although brief, they deprive you of your liberty and invade your privacy. Nonetheless, the U.S. Supreme Court has ruled they're constitutional, provided the roadblock is highly visible to ensure time for stopping, the police don't pick and choose vehicles at random, the interaction with the officer is brief (20-30 seconds) and the roadblock is part of a planned safety program.

So, whether or not you've had anything to drink, what if you're driving home and see a DUI checkpoint up ahead and don't want to go through it – do you have the legal right to turn around or turn off to avoid going through the DUI roadblock? The answer is: yes.  You can turn around or turn off to avoid it.

However, you can't break any traffic laws in doing so.

Turn onto a side street if possible, because you're less likely to break a traffic law or arouse the suspicious attention of a police officer.

If you have to make a U-turn, do so carefully and lawfully.  Keep in mind that Maryland traffic law prohibits U-turns on curves or when driving uphill or at the top of the hill if other drivers can't see you from 500 feet away (a little more than one and a half football fields).  If you can, it's best to make U-turns on flat, straight roadways.

And of course, if you've been drinking, use Uber, Lyft, a taxi or hotel room -- each of these options is much safer and cheaper that getting arrested for DUI.

Dedicated to protecting and advancing your legal rights,

Rick Lundin

Drivers should allow greater following distances and drive more slowly in wintry conditions—which doesn't always happen. Some people are overconfident because they have all-wheel- or four-wheel-drive vehicle. These vehicles improve acceleration in snow, but they don't shorten stopping distance or help with ice. Also be mindful that a driver can be traveling under the speed limit but still be driving too fast for conditions.

Beware of black ice, which blends in with the roadway. It might also be hiding beneath a coating of snow or in the shade. Ice forms more quickly on bridges and overpasses because they lose heat from both sides, top and bottom.

If venturing out into the snow, clear your entire windshield and side and back windows to improve visibility—not just a few small patches—and turn on your lights. Remove snow accumulation from the roof, hood, and trunk. In some states it's the law. Flying snow can obscure the vision of a driver behind you or become a deadly projectile.

If you fishtail, don't panic. Steer in the direction of the skid.  Take your foot off the gas.  Apply steady pressure to anti-lock brakes. If you don't have anti-lock brakes, lightly pump your brakes.

Remember, winter weather does not absolve drivers of fault in auto accidents. Drivers have a duty to drive responsibly and safely, no matter what the conditions.

If you are injured as a result of another driver's negligence, contact us right away for a free consultation.

Dedicated to protecting and advancing your rights,

Rick Lundin

Watch out for these top producers of injuries that land people in the hospital emergency room on Halloween:

• sharp objects causing eye injuries,
• flammable costumes catching fire and causing burns and
• motor vehicles colliding with trick-or-treaters and party goers.

Here are several tips for staying safe this Halloween:

• Wear flame-resistant items.  Costumes, wigs and accessories should be made of flame-resistant fabrics and material.  Candles and jack-o'-lanterns that glow on porches and walkways can ignite flammable costumes, especially baggy ones.

• Use flexible costume accessories and avoid masks.  To minimize injuries from falls, select flexible props.  Any swords, canes or sticks should not be sharp or too long.  Masks impair vision, so encourage trick-or-treaters to dress up in hats and non-toxic makeup instead.

• Be visible to motorists.  Along with bags or costumes outlined with reflective tape, carry a flashlight.  This will make you and your kids more visible to motorists.

• Accompany children.  Parents or other responsible adult should accompany children walking door-to-door, and ensure that trick or treating is confined to familiar areas.  Stick to sidewalks, cross at corners and avoid darting from house to house.  If there are no sidewalks, walk facing traffic.

• Inspect candy.  When trick-or-treaters arrive home, check their candy.  Discard spoiled, unwrapped or suspicious items.

Wishing you a fun and safe holiday, 

Rick Lundin

Sobriety tests are easy to fail after a drink or two, especially under the stress you'll be feeling.

So can you refuse to do them?  The answer is yes.  You have the right to refuse to do the tests.  The police cannot require you to do them.

If you fail these tests, your failure can be used as evidence in court to secure a conviction.  On the other hand, your refusal to do the tests cannot be used as evidence against you in court.

There are two other tests, a preliminary breath test, which is conducted on the side of the road, a breathalyzer, which is conducted at the police station.

You have the right to refuse to take the breath tests as well, and your refusal cannot be used against you in court.  If you refuse to take a breathalyzer, however, your license will be suspended.  For the first offense, your license will be suspended for 270 days (9 months).  For a second or subsequent DUI, it will be suspended for two (2) years.

By not agreeing to take any of these three tests – field sobriety tests, preliminary breath test and breathalyzer – you're exercising your right to not give the government evidence they can use against you in a court of law.

If you or someone you know has received a DUI, call our office immediately for a consultation with a criminal defense attorney to protect your rights and your freedoms.

• Back-to-school traffic. Fall means back to school for kids, which means more cars and buses on the roads and more people walking to and from school and bus stops.
• Rain.  The first rain after a dry spell is especially dangerous, as water pools on top of dust and oils on the roadway that hasn’t yet been washed away.
• Leaves.  Fall leaves are beautiful, but on the roadways they obscure pavement markings and hide potholes, and wet leaves from rain can be as dangerous as ice.
• Fog.  Cold mornings can lead to foggy conditions.  Don’t use your high beams because they can bounce of the fog and create glare.  Slow down and give yourself more stopping distance.
• Frost.  Cold nights create frost on windshields and windows, decreasing visibility.  Morning frost and icy patches can also occur on the roadways.
• Sun glare.  The sun is rising and setting at an angle in the fall that particularly creates glare on the roadways on is directly in the driver’s eyes or lady bird deed michigan reflecting in the rear-view mirror.  This can cause drivers to be “blinded” by the sun, making it hard to see pedestrians, vehicles and traffic lights.
• Deer.  Fall is mating and migrating season for deer, causing them to be much more active.  Watch for darting deer, especially at dawn and dusk and during night driving.

And if you’re involved in an auto accident this season or in any season, be sure to call us first, before you speak with the insurance company.   The consultation is FREE, and you deserve to know your rights.

Dedicated to protecting and advancing your rights,

A criminal conviction can have lifelong consequences.

To serve our clients in this area, Jim and I recently partnered with a highly trained criminal defense lawyer who has the necessary tools, experience and proven track record to defend the freedom of people arrested for DUI and other crimes.  He's a former Assistant State's Attorney for Montgomery County, Maryland.  He will aggressively defend people charged with DUI, misdemeanors or  felonies, including theft, armed robbery, assault, arson, burglary, and possession or distribution of a controlled dangerous substance.

The best way to increase the chances of a successful outcome if you're accused of a crime is to hire an experienced criminal defense lawyer who will be "Beyond Aggressive" on your behalf.  Our colleague, Attorney Rodney, is the lawyer to see for aggressive and effective representation.

If you or someone you know is facing DUI or other criminal charges, call us today at (301) 942-9118 to schedule a consultation with Attorney Rodney to discuss your rights.

Dedicated to protecting and advancing your rights,

Rick Lundin

Under the Fair Debt Collection Practices Act, you have the following rights:

• Right to NOTICE of the debt
• Right to CONTEST the debt
• Right to VERIFY the debt

There is a 30-day time limit in which to dispute the debt.  This means that within 30 days of receiving written notice of a debt, you should send a written dispute to the debt collection agency, by certified mail, return receipt requested.  Click here for a sample letter you can use.

Once you dispute the debt in writing, the debt collector must stop all debt collection activities against you until it sends verification of the debt.  And the debt collector can't report the debt to credit reporting agency until it verifies the debt.

Don't just dispute it over the phone.  If that's all you do, the debt collector can continue debt collection activities and will not have to verify the debt.  Send the letter!

Even if you think you probably owe the money, you should formally dispute the debt.  Why trust the word of the debt collector?  The debt collector could be lying or have bad information.  You are entitled to accurate information about your alleged debt, and there is no reason to give your hard-earned money to a debt collector who cannot or will not provide you with this information.

But if you don't make a quick recovery, getting the insurance company to pay can get tricky... 

If you're experiencing a prolonged recovery, insurance companies are quick to deny your treatment and full compensation. Generally, they will first argue that your prolonged treatment wasn't necessary and that you are malingering (a fancy way to say that you're faking it).  

Next, they may claim that you had some type of pre-existing injury or condition that is really the cause of the pain. Remember that back twinge you had three years ago while helping your brother move?  Well, if you got some physical therapy for it, the insurance will claim that's really why you got all of that treatment after your accident.

If for some reason you had delayed receiving care after your accident, the insurance company will also argue that the treatment simply was unrelated to the accident. For example, if you didn't go to the ER after your accident because you didn't have health insurance, that may be held against you.

That said, if you've been in a car accident, and your recovery is more complicated than you had hoped, give us a call. We can help by fighting for your right to full compensation you so that you can focus on your recovery without the added stress of trying to dealing with the insurance company on your own. 

If you or someone you know is dealing with a prolonged recovery after an auto accident, call us for a free consultation.

Dedicated to protecting and advancing your rights,

Postal carriers, meter readers, landscapers, delivery employees, and home-maintenance workers are just a few examples of people whose jobs more frequently lead to canine encounters.

If you're bitten or knocked down by a dog while working, you're entitled to workers' compensation through your employer. Workers' compensation covers medical bills, two-thirds (66.67%) of your regular paycheck, permanent impairment and sometimes costs for rehabilitation and retraining.

In addition, you can file a personal injury claim against the dog's owner.  A personal injury claim will cover additional damages that aren't covered by workers' compensation, such as your pain and suffering, emotional distress, scars and disfigurement and loss of enjoyment of life.

A dog owner can be subject to strictly liability in Maryland if the dog was at large or if the owner cannot prove he or she did not know or could not have known that the dog had vicious tendencies. 

A dog owner can also be liable to pay damages based on the owner's negligence in failing to exercise reasonable care to prevent the dog attack.

Homeowners' insurance and renters' insurance often cover the personal injury claim, even those that do not happen on the dog owner's property.

If you're injured by a dog in the course of your employment, report the incident to your employer and request immediate medical attention. 

Whether you're injured at work or on your own time, contact us immediately to secure all the compensation you deserve.

Dedicated to advancing and protecting your rights,

Rick Lundin

• Do not settle your case soon after an accident if you are unsure of your injuries or need for future medical care.
• Do not give a recorded statement to an insurance adjuster unless you are prepared to accept the consequences of doing so.  It's always best to talk to a lawyer BEFORE speaking to the insurance adjuster.
• If you agree to a verbal settlement with the adjuster, you may be held to that agreement regardless of how it may impact you.  Oral contracts are enforceable!
• Agreeing to let the insurance company pay your "reasonable" medical expenses can be a nightmare because you are giving them control to decide what is or is not "reasonable" and what amounts they will pay.
• There is no law that requires you to give a recorded statement to the other insurance company pre-litigation.

But we don't shy away from those cases!

In a case we took to trial last week in Prince George's County, the Judge concluded the impact looked like about a "2" on a scale of 1 to 10 and happened around 4 mph, as defendant testified.  We put on a good case and our client did well testifying.  The Judge awarded $26,000 – full compensation for our client!  The insurance company offered $0 beforehand, claiming it was a "MIST" case.

So don't be discouraged from pursuing a case with low property damage.  They can be won, and the science is on our side.  Here are just a few studies to keep in mind:

• In 1964, Ruth Jackson MD reported, "the damage to the vehicle involved in the collisions is no indication of the extent of injuries imposed on the passenger."
• In 1982, Ian Macnab MD reported that the amount of damage to the car bears little relationship to the damage of the spine and noted that there were multiple factors at work that determine the extent of an injury.
• In 1990, Emori and Horiguchi went even further noting that whiplash injuries can occur at speeds low as 1.55mph.
• In 2006, Rene Calliet MD emphasized that low impact injuries are remarkably common, stating that "in many instances, a person experiences whiplash after a vehicle accident that has sustained little significant damage to either vehicle.

In fact, the U.S. Department of Transportation estimates that more than 80% of all accidents occur at speeds less than 20 mph.

And remember, it's important to contact us right away in all injury cases, especially where there isn't a lot of damage to the car.  The sooner we get involved, the better we can build the case for full compensation and ensure that you see the right doctor.

Dedicated to protecting and advancing your rights,

Rick Lundin

With the summer vacation season starting soon, many will be driving to the beach, the lake or a favorite getaway.  It's easy to get tired driving on these long trips, and falling asleep at the wheel can have catastrophic consequences. 

Here's an easy trick to help you fight driving fatigue:  eat sunflower seeds while you drive.   Get a bag of salted sunflower seeds and a cup for the shells. As you drive, eat the sunflower seeds one at a time.   I've found this works every time to keep me awake.

Here are other tips to help you stay awake while driving:

• Get at least 8 hours of sleep before your trip.  Avoid excessive alcohol and caffeine the evening before your trip.
• Listen to the radio and sing or talk with a passenger.
• Take frequent breaks, approximately every two hours.  If you start to feel fatigued, stop and take a break immediately.  A 10-minute "power nap" and brisk walk around a rest area can help re-energize you for driving.
• Avoid processed, starchy foods – like white pasta, potatoes, white bread and white rice.  These can cause a spike in your blood sugar, which leads to overproduction of insulin and which in turn can lead to a feeling of fatigue and tiredness.
• Increase your intake of Vitamin C. 
• Exercise before driving if you can.  Even just 20 minutes of brisk activity will deliver more oxygen to your body, which means you'll feel more energetic and alert.
• Drink plenty of water.  Avoid excessive amounts of caffeine.  Even mild dehydration can make you feel exhausted.
• Take a multi-vitamin.
• Watch your posture.  Sit up straight and wear sunglasses if driving during the day to reduce glare and eye fatigue.
• Avoid stress.  Take time to relax before and during your trip (especially if your drive involves more than one day on the road).

The answer in most states and the District of Columbia is, "Yes."  You can sue the bar or restaurant to hold them responsible for the injury.  It's called "dram shop" liability.  (The term "dram shop" comes from the old English measurement of alcohol, which was sold by the dram.)

Unfortunately, the answer in Maryland and Virginia is, "No."  Neither state has dram shop liability, and they do not allow victims of drunk drivers to hold the bar or restaurant who served the alcohol legally responsibility.

But even in states where there is dram shop liability, proving it can be tricky.  The element of causation is usually the biggest challenge – that the serving of the alcohol caused the accident, rather than the choice to drink it or some other intervening event happening after the intoxicated person leaves the bar.

Of course, you can sue the drunk driver for your damages, and their insurance company will be on the hook.  And some jurisdictions – the District of Columbia and Virginia – also allow you to recover punitive damages against the drunk driver.  Maryland, unfortunately, does not.

If you're injured by a drunk driver in a car crash, call us for a free consultation.  Our goal is to maximize your compensation and ensure you get the medical care you need to make the best recovery.

Dedicated to protecting and advancing your rights,

Rick Lundin

Texting while driving is a number one distraction that can have devastating consequences. 

In the news recently was the case of a regular guy who is now facing prison time for manslaughter, aggravated assault and endangerment because he was texting and driving, veered out of his lane and struck and killed a police officer who was conducting a routine traffic stop on the side of side of the road.  This guy's decision to text has caused permanent damage to others, as well as subjecting himself to prison and a criminal record.

In addition to texting, here are other things police cite as "distracted driving behavior:"

• Talking on Hands Free Device
• Talking on Hand Held Device
• Passenger (talking, looking at or interacting with a passenger, including children)
• Other Electronic Device (navigation, radio, DVD player)
• Manually operating an Electronic Device (texting, typing, dialing, etc.)
• Other Inside the Vehicle:  eating, drinking, reading, applying makeup, shaving, pet
• Outside the Vehicle:  crash in another lane, billboards, automated highway signs, etc.

By consciously avoiding these distractions, you substantially decrease the risk of an accident, the total loss of your vehicle and serious injury to your person.

Dedicated to protecting and advancing your rights,

This question comes up from time to time, especially in divorce and custody cases.  And the answer is, "it depends."

Both Federal and state laws apply to secret recordings, and there can be both civil and criminal penalties for violations.

Federal law allows you to secretly record your phone conversation as long as one party "consents" – and since you're the one secretly recording it, you certainly "consent."  Federal law is one-party consent.

The key question is what state law allows.  Does the state law allow the recording with the "consent" of just one party (you), or do both parties to the conversation have to consent?

Maryland is a two-party consent state.  This means both (all) parties to a conversation must consent to the recording.  If not, it will be illegal for a person to secretly record the phone conversation if they "know" they're breaking the law.

The District of Columbia, however, is a one-party consent jurisdiction.  You can legally record your phone conversation with someone else without their consent.  Virginia is also a one-party consent state.

BUT...be careful.  If people are in two different jurisdictions, you will want to follow the law of the more restrictive state.  This means if you're in D.C. or Virginia and calling someone in Maryland, you should not secretly record their phone call without their consent, because Maryland law doesn't allow it, even though D.C. and Virginia do.  And if you're in Maryland, forget it.

Even if the recording isn't illegal, that doesn't mean a Judge will necessarily view recordings favorably.  Absent some compelling reason (e.g. to have proof of verbal abuse, threats or criminal activity), a Judge may very well question the character of a person who secretly records all conversations with their former spouse or partner.

Before recording, it's best to get legal counsel to protect yourself and get the evidence you need in a way that can be used in court and makes you look good.

 Dedicated to protecting and advancing your rights,

Rick Lundin