Did you know that Maryland law currently allows you to prove your property damages in an automobile case by submitting paid bills as evidence of your loss? You do not have to call a "live" witness, so long as you follow the notice procedures in Courts and Judicial Proceedings Article 10-105, and your damages do not exceed $30,000. This rule gets around what normally would be called "hearsay".
On February 9, the Senate Judicial Proceedings Committee heard legislation designed to further loosen the standard of proof in these type of cases. Under SB 138, you could prove your damages by submitting unpaid estimates. Plaintiff’s lawyers claim the use of estimates offer consumers unable to pay a property damage bill a level playing field in court.
In "legalese" both the existing law and the proposed law create "hearsay" exceptions to the normal rules. Generally speaking, if you want to prove surety in court, you must bring a witness who can testify and be cross-examined.
You cannot cross-examine a paid bill, but can you trust it to show damages? This is the heart of the issue. Can you trust an estimate? Insurance carriers argue you cannot. Paid bills, they claim, are reliable precisely because they were paid. Estimates – they assert – can vary widely, and be issued by anyone with stationery. According to large carriers the bill invites fraud, and could lead to higher rates.
What do you think? Is an estimate as reliable as a paid bill? Stay tuned.
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