The Guide to Car Accident Claims

Car accidents are a common occurrence on the roads of Maryland, affecting countless individuals and families each year. If you’ve been injured in a car accident in Maryland, it’s important to understand your rights and the legal options available to you. This comprehensive guide will provide you with valuable information on car accident laws in Maryland, including who to sue, the statute of limitations, fault determination, insurance requirements, and the benefits of hiring a car accident lawyer.

Understanding Car Accident Laws in Maryland

Statute of Limitations for Car Accidents

In Maryland, there is a statute of limitations that determines the time limit for filing a legal claim after a car accident. You have three years from the date of the accident to resolve a claim for damages against the at-fault party. Failing to file a lawsuit within this timeframe may result in the loss of your right to compensation. However, there are exceptions for wrongful death claims, minors, and mentally incapacitated individuals.

Maryland as an At-Fault State

Maryland follows an at-fault system for car accidents, which means that drivers can sue another driver for compensation after a crash. While Maryland is an at-fault state, it also provides certain insurance benefits that are not based on fault, such as Personal Injury Protection (PIP) coverage. This coverage allows drivers to be reimbursed for medical expenses and lost wages regardless of fault.

Contributory Negligence Law in Maryland

Maryland operates under the strict doctrine of contributory negligence. This means that if you are found even one percent responsible for the car accident that caused your injuries, you may be unable to recover any compensation. It is crucial to work with an experienced car accident lawyer who can build a strong claim and establish fault on the responsible party.

Determining Liability in a Car Accident

Proving Negligence

To seek compensation after a car accident in Maryland, you must prove that the other driver acted negligently. This can include driving under the influence, distracted driving, or any other behavior that breaches the duty of care owed to other road users. Consulting with a car accident lawyer immediately after the accident can help you determine if you have a valid claim and gather the necessary evidence to establish negligence.

Who Can File a Car Accident Claim in Maryland

Individuals who can prove that their injuries were caused by someone else’s negligence may be eligible to file a car accident claim in Maryland. It is important to consult with a car accident lawyer even if you believe you may be partly at fault for the crash, as they can evaluate your claim and help you understand your rights and options. In addition, in wrongful death claims, certain relatives of the deceased may also be able to pursue beneficiary claims. There is a statute in Maryland which limits who qualifies as primary and secondary beneficiaries. It is also possible in certain cases, that people other than those physically injured may be able to file a loss of consortium claim.

Understanding Car Insurance Laws in Maryland

Minimum Car Insurance Requirements

Maryland has specific minimum car insurance requirements for all drivers. These include:

• $30,000 in bodily injury or wrongful death coverage for a single person in an accident if the driver was at fault.
• $60,000 in total bodily injury or wrongful death coverage for everyone involved in a single accident if the driver was at fault.
• $15,000 in coverage for any property damaged or destroyed by the driver as a result of the accident.

It is important to note that these are minimum requirements and may not fully cover the expenses incurred in a car accident. Consider purchasing additional coverage to protect yourself in case of a severe accident.

Personal Injury Protection (PIP) Coverage

Maryland requires insurance companies to offer Personal Injury Protection (PIP) coverage to drivers. PIP coverage provides quick compensation for medical expenses and a percentage of lost wages after an accident, regardless of fault. It is important to file a PIP application with your insurance company within one year of the collision to ensure coverage.

When to File a Police Report

In Maryland, a police report is not required for all car accidents. If the accident only involves property damage and no injuries, drivers are only required to move their vehicles off the roadway (if safe) and exchange insurance information. However, police involvement is required in certain situations, such as accidents involving injuries, drunk driving, hit-and-run incidents, or when one party refuses to exchange information.

The Importance of Hiring a Car Accident Lawyer

While not required, it is highly recommended to hire a car accident lawyer after being injured in a car accident in Maryland. An experienced lawyer can help protect your rights, navigate the legal process, and ensure that you receive the maximum compensation you deserve. Insurance adjusters are skilled at minimizing payouts, and having a lawyer by your side can level the playing field.

Benefits of Hiring a Car Accident Lawyer

• Legal Expertise: Car accident lawyers specialize in personal injury law and have a deep understanding of Maryland’s car accident laws. They can guide you through the legal process and ensure your rights are protected.
• Evidence Gathering: A lawyer will investigate the accident, gather evidence, interview witnesses, and reconstruct the scene if necessary. This strengthens your case and helps establish fault.
• Negotiation Skills: Insurance companies often try to settle claims for as little as possible. A car accident lawyer will negotiate with the insurance company on your behalf to secure a fair settlement.
• Trial Representation: If a fair settlement cannot be reached, a car accident lawyer will represent you in court and fight for your rights. They have the knowledge and experience to present a strong case to a judge and jury.

Steps to Take After a Car Accident

After a car accident in Maryland, there are several important steps to take to protect your rights and ensure your safety:

Seek Medical Attention

Your health and well-being should be your top priority after a car accident. Even if you believe your injuries are minor, it is important to seek medical attention. Some injuries may not be immediately apparent and can worsen over time. Documenting your injuries also helps establish a connection between the accident and your medical condition.

Gather Evidence

Collect as much evidence as possible at the accident scene. This includes taking photographs of the vehicles involved, the damage sustained, and the surrounding area. Obtain the contact information of any witnesses and make note of any relevant details, such as road conditions or traffic signals. This evidence will be crucial in establishing liability and proving your case.

Report the Accident

In Maryland, reporting the accident to the police is required in certain situations, such as accidents involving injuries, hit-and-run incidents, or when one party refuses to exchange information. Reporting the accident helps create an official record and can assist in determining fault.

Contact Your Insurance Company

Notify your insurance company of the accident as soon as possible. Provide them with accurate and detailed information about the incident. Be cautious when speaking with insurance adjusters and avoid admitting fault or making statements that could be used against you in the future. It is advisable to consult with a car accident lawyer before providing a recorded statement to the insurance company.

Negotiating a Settlement

After the accident, you may receive a settlement offer from the insurance company. It is important to remember that insurance companies often try to settle claims for the lowest amount possible. Before accepting any settlement offer, consult with a car accident lawyer who can evaluate the offer and negotiate on your behalf to ensure you receive the compensation you deserve.

The Role of Insurance Adjusters

Insurance adjusters are responsible for evaluating claims and determining settlement amounts. They may use various tactics to minimize your claim, such as downplaying your injuries or shifting blame. Having a car accident lawyer on your side can help protect your interests and ensure that you are treated fairly throughout the negotiation process.

Maximizing Your Compensation

A car accident lawyer will work diligently to maximize your compensation by considering various factors, such as medical expenses, lost wages, pain and suffering, and future damages. They will gather supporting evidence, consult with experts if necessary, and build a strong case that demonstrates the full extent of your injuries and damages.

Filing a Lawsuit

If a fair settlement cannot be reached through negotiations, filing a lawsuit may be necessary to seek full compensation for your injuries. It is important to be aware of the statute of limitations for filing a lawsuit in Maryland, which is three years from the date of the accident. Working with a car accident lawyer can help ensure that all necessary paperwork is filed correctly and within the required timeframe.

Working with a Car Accident Lawyer

Navigating the legal process can be complex, especially when dealing with insurance companies and defense attorneys. A Maryland car accident lawyer will guide you through every step of the lawsuit, from filing the initial complaint to representing you in court. They will use their expertise to build a strong case and fight for the compensation you deserve.

Calculating Damages

When determining the value of your car accident claim, various types of damages may be considered. These can include medical expenses, lost wages, property damage, pain and suffering, emotional distress, and loss of enjoyment of life. A car accident lawyer will assess the specific details of your case and work to secure the maximum compensation for each type of damage.

Types of Damages

• Economic Damages: These include tangible losses such as medical bills, rehabilitation costs, lost wages, and property damage.
• Non-Economic Damages: These encompass intangible losses such as pain and suffering, emotional distress, loss of companionship, and loss of enjoyment of life.
• Punitive Damages: In rare cases involving extreme negligence or intentional misconduct, punitive damages may be awarded to punish the at-fault party and deter similar behavior in the future.

Pain and Suffering Compensation

Pain and suffering compensation is a significant component of car accident claims. It accounts for the physical and emotional pain endured as a result of the accident and its aftermath. Calculating pain and suffering damages can be challenging, as they are subjective in nature. A car accident lawyer will use various methods, such as medical records, expert testimony, and similar case precedents, to establish the appropriate amount of compensation.

Wrongful Death Claims

In the unfortunate event of a car accident resulting in the death of a loved one, you may be eligible to file a wrongful death claim. Wrongful death claims seek compensation for the losses suffered by the surviving family members, including funeral expenses, loss of income, loss of companionship, and emotional distress. Consulting with a car accident lawyer experienced in handling wrongful death claims can help you understand your rights and pursue the compensation you deserve.

Statute of Limitations for Wrongful Death Claims

The statute of limitations for filing a wrongful death claim in Maryland is three years from the date of the individual’s death. It is crucial to adhere to this timeframe, as failing to file within the specified period may result in the dismissal of your claim. Seeking legal representation as soon as possible after the accident can help ensure that all necessary steps are taken within the statute of limitations.

Compensation for Wrongful Death

Compensation in wrongful death claims can vary depending on the specific circumstances of the case. Potential damages may include funeral and burial expenses, medical bills, loss of financial support, loss of companionship, and emotional pain and suffering. A car accident lawyer will work closely with the surviving family members to accurately assess the losses suffered and fight for fair compensation.

Additional Considerations

Uninsured and Underinsured Motorist Coverage

Uninsured and underinsured motorist coverage is optional insurance coverage in Maryland that provides protection if you are involved in an accident with a driver who does not have insurance or carries insufficient insurance to cover your damages. It can help bridge the gap between the at-fault driver’s coverage and your actual damages.

Understanding car accident laws in Maryland is crucial for protecting your rights and pursuing fair compensation after an accident. The statute of limitations, fault determination, insurance requirements, and the benefits of hiring a car accident lawyer are essential aspects to consider. By following the recommended steps after an accident and seeking legal representation, you can navigate the legal process with confidence and secure the compensation you deserve. If you’ve been injured in a car accident, contact a car accident lawyer in Maryland to discuss your case and explore your legal options.