Car Accident FAQ

All Your Most Important Car Accident Questions Answered by one of the Best Car Accident Lawyers in Maryland.

Car accidents can be traumatic and painful experiences. If you’ve been involved in a car accident in Maryland, it’s natural to have a lot of questions about what to do next and how to handle the aftermath. In this guide, we’ll address some of the most frequently asked questions about car accidents in Maryland, providing you with the information you need to navigate the legal and practical aspects of your situation. Plus tips for finding the best car accident lawyer for you in Maryland.

Table of Contents

1. What Should I Do After a Car Accident?
2. Who is Responsible for a Car Accident?
3. How Are Car Repairs Paid for?
4. Can I Get a Rental Car While My Car is Being Repaired?
5. Who Pays for Medical Bills After a Car Accident?
6. When Should I Speak to a Car Accident Attorney?
7. What is the Time Limit for Filing a Car Accident Claim in Maryland?
8. Why is the Insurance Company’s Settlement Offer Low?
9. Will My Insurance Rates Increase After Making a Claim?
10. What if the At-Fault Driver Doesn’t Have Insurance or Fled the Scene?
11. Can I Bring a Claim if I Don’t Have Car Insurance?
12. Conclusion

What Should I Do After a Car Accident?

The immediate aftermath of a car accident can be overwhelming, but taking the right steps is crucial. Here’s what you should do:

1. Ensure Safety: Check if you or others involved in the accident have any life-threatening injuries. If necessary, call emergency services for immediate medical help.
2. Move to Safety: If it’s safe to do so, move your vehicle to the side of the road to avoid further accidents or traffic congestion. Take photos of the accident scene and the positions of the vehicles involved.
3. Contact the Police: Call the police to report the accident and wait for them to arrive. Cooperate with the police when providing a statement, but avoid admitting fault or providing unnecessary details.
4. Gather Information: Exchange contact and insurance details with the other driver(s) involved in the accident. Collect information from any witnesses, including their names and contact information.
5. Document the Accident: Take photos of the damage to your vehicle, the accident scene, and any visible injuries. Note down the time, date, and location of the accident, as well as any relevant weather conditions.
6. Seek Medical Attention: Even if you don’t feel immediate pain or injuries, it’s important to get a medical evaluation after a car accident. Some injuries may not manifest immediately but can worsen over time.
7. Notify Your Insurance Company: Contact your insurance company to report the accident, even if you were not at fault. Provide them with accurate information about the accident, but avoid discussing fault or accepting settlement offers without consulting an attorney.
8. Consult with a Car Accident Attorney: If you’ve been injured or have significant property damage, it’s advisable to seek legal advice from a skilled car accident attorney. They can help protect your rights and guide you through the claims process.

Who is Responsible for a Car Accident?

Determining liability in a car accident is essential for seeking compensation for damages. In Maryland, the at-fault driver is typically responsible for the injuries and damages resulting from the accident. The driver who acted negligently or failed to uphold their duty of care on the road is considered at fault.

Proving fault requires establishing that the driver’s actions or omissions directly caused the accident and subsequent injuries. Common examples of driver negligence include distracted driving, speeding, driving under the influence, and reckless driving.

It’s important to gather evidence to support your claim, such as accident reports, witness statements, photographs, and any other relevant information. Consulting with a car accident attorney can help strengthen your case and ensure you receive fair compensation.

How Are Car Repairs Paid for?

In Maryland, the at-fault driver’s insurance company is responsible for paying for the property damage to your vehicle. However, insurance companies may try to delay or dispute the payment, especially if they believe the driver was not at fault.

If the insurance company refuses to pay for your car repairs, you have the option to file a lawsuit to force them to cover the costs. Alternatively, if you have collision coverage on your own insurance policy, you can use it to get your car repaired. You may need to pay a deductible, but you can recover this cost if both insurance companies determine that you were not at fault for the accident.

Seeking legal assistance can help navigate the claims process and ensure that you receive the compensation you deserve for your car repairs.

Can I Get a Rental Car While My Car is Being Repaired?

If the at-fault driver’s insurance company accepts liability, they should provide you with a rental car while your car is being repaired. This allows you to have transportation during the repair period, ensuring minimal disruption to your daily life.

However, if the insurance company does not offer a rental car or delays providing one, you may have to pay for the rental car upfront and seek reimbursement from the insurance company later. It’s essential to keep all documentation and receipts related to the rental car expenses to support your claim.

If you have rental car coverage through your own insurance policy, you can use it to cover the cost of a rental car while your vehicle is being repaired. Your insurance company will handle the reimbursement process.

Who Pays for Medical Bills After a Car Accident?

Medical bills can quickly add up after a car accident, and determining who is responsible for paying them can be complex. Here are some key points to consider:

1. Personal Injury Protection (PIP) Coverage: Most Maryland drivers have Personal Injury Protection (PIP) coverage as part of their auto insurance policy. PIP coverage can help cover medical expenses, lost wages, and other accident-related costs regardless of who is at fault. You can use PIP coverage to get money quickly for medical bills and other immediate expenses.
2. Health Insurance: If you have health insurance, it is typically your primary source of coverage for medical bills. Your health insurance provider should cover your medical expenses according to the terms of your policy. They may seek reimbursement from your eventual settlement based on the fact that they will have either a contractual or statutory lien, but it is still generally the most beneficial way to ensure that all medical bills are paid while your treatment is ongoing and prior to claim resolution.
3. Third-Party Claim: If the other driver was at fault for the accident, their insurance company is responsible for paying your medical bills in addition to any other damages you sustained. However, insurance companies may dispute the extent of your injuries or the necessity of certain treatments. Having a car accident attorney on your side can help ensure that your medical bills are properly addressed and paid for. It is also important to note that when the third-party insurance company seeks to resolve the claim, they will require that you sign a release which foregoes any future claims. So it is imperative that any settlement negotiations only occur at the conclusion of your treatment or at a minimum, when the treating doctors can establish that your condition is permanent.
4. Out-of-Pocket Expenses: If your medical bills exceed the coverage limits of your insurance policies or the at-fault driver’s insurance, you may be responsible for paying the remaining balance out-of-pocket. Seeking compensation through a personal injury claim can help recover these costs.

It’s crucial to keep detailed records of all medical treatments, bills, and related expenses to support your claim for compensation.

When Should I Speak to a Car Accident Lawyer?

It’s advisable to consult with a car accident lawyer as soon as possible after a car accident, especially if you’ve suffered injuries or significant property damage. Here are some key reasons why you should consider speaking to an attorney:

1. Protection of Your Rights: A car accident attorney can help protect your legal rights and ensure that you are treated fairly throughout the claims process. They understand the complexities of personal injury law and can navigate the legal system on your behalf.
2. Evaluation of Your Claim: An attorney can evaluate the strength of your claim and provide an estimate of the potential compensation you may be entitled to. They will consider various factors, such as the extent of your injuries, medical expenses, lost wages, and pain and suffering.
3. Insurance Negotiations: Dealing with insurance companies can be challenging, as they may try to minimize their financial liability. An experienced attorney can handle all communications with insurance adjusters, ensuring that your rights are protected and that you receive a fair settlement.
4. Legal Expertise: Car accident attorneys have a deep understanding of Maryland personal injury laws and can use their knowledge and experience to build a strong case on your behalf. They will gather evidence, interview witnesses, and handle all legal aspects of your claim, allowing you to focus on your recovery.
5. Litigation Support: If your case requires filing a lawsuit, an attorney will guide you through the litigation process, representing your interests in court and advocating for the maximum compensation you deserve.

Consulting with a car accident attorney will help you understand your legal options and ensure that you receive the best possible outcome for your case.

What is the Time Limit for Filing a Car Accident Claim in Maryland?

In Maryland, there is a specific time limit, known as the statute of limitations, for filing a car accident claim. Generally, the statute of limitations for personal injury claims, including car accidents, is three years from the date of the accident.

It’s important to be aware of this deadline and take action promptly. Failing to file a claim within the specified timeframe may result in the court dismissing your case, and you may lose the opportunity to seek compensation for your injuries and damages.

However, there are exceptions to the statute of limitations that can lengthen the time period for filing a claim. For example, if the injured party is a minor, the statute of limitations may be extended until three years until after they reach the age of 18.

To ensure that you meet all necessary deadlines and protect your legal rights, it’s crucial to consult with a car accident attorney as soon as possible after the accident.

Why is the Insurance Company’s Settlement Offer Low?

Insurance companies are primarily concerned with minimizing their financial liability, which often leads to low initial settlement offers. They may try to take advantage of accident victims who are unfamiliar with the claims process or who are in immediate need of financial assistance.

There are several reasons why an insurance company’s settlement offer may be low:

1. Quick Resolution: Insurance companies may offer a quick settlement to close the case and avoid potential future expenses. However, these initial offers are often insufficient to cover the full extent of your damages.
2. Limited Information: Insurance adjusters may base their initial offer on limited information, such as medical records and property damage estimates. They may not consider future medical expenses, ongoing treatment, or the long-term impact of your injuries.
3. Undervaluing Damages: Insurance adjusters may undervalue the pain and suffering, emotional distress, and other non-economic damages you have experienced. They may focus solely on tangible costs, such as medical bills and lost wages.
4. Contributory Negligence: If the insurance company believes that you were partially at fault for the accident, they may use contributory negligence laws to reduce their liability. This can result in a lower settlement offer, or sometimes no settlement offer at all.

To ensure that you receive fair compensation for your injuries, it’s crucial to consult with a car accident attorney who can negotiate with the insurance company on your behalf. An attorney will assess the true value of your claim, gather evidence to support your case, and fight for the maximum settlement you deserve.

Will My Insurance Rates Increase After Making a Claim?

Your insurance rates in Maryland may increase after making a claim, depending on various factors. Insurance companies use a variety of criteria to determine premium rates, including your driving history, accident record, and the severity of the accident.

If you were not at fault for the accident, Maryland law prohibits insurance companies from increasing your rates for that reason. However, if you were partially or fully at fault, your insurance rates may increase. The exact impact on your rates will depend on your insurance provider’s policies and guidelines.

It’s important to review your insurance policy and discuss any potential rate increases with your insurance agent or provider. They can provide specific information about how your rates may be affected and offer guidance on how to navigate the situation.

What if the At-Fault Driver Doesn’t Have Insurance or Fled the Scene?

If you’re involved in a car accident with an uninsured or hit-and-run driver in Maryland, you still have options for seeking compensation. Maryland law requires drivers to carry uninsured motorist coverage as part of their auto insurance policy. This coverage protects you in case of an accident with an uninsured or underinsured driver.

Uninsured motorist coverage provides compensation for your injuries, medical expenses, and property damage when the at-fault driver does not have insurance or cannot be identified. To access this coverage, you will need to file a claim with your own insurance company.

Navigating the claims process in uninsured motorist cases can be complex. Consulting with a car accident attorney who is experienced in handling uninsured motorist claims can help ensure that you receive the compensation you deserve.

Can I Bring a Claim if I Don’t Have Car Insurance?

Even if you don’t have car insurance in Maryland, you may still be able to bring a claim for compensation if you were injured in a car accident. However, it’s important to note that Maryland law requires drivers to carry minimum liability insurance coverage.

If you were involved in an accident and don’t have insurance, you may face legal consequences. It’s advisable to consult with a car accident attorney who can assess your specific situation and guide you through the legal process.

Bringing a claim without insurance can be challenging, but it’s not impossible. Your attorney will evaluate all possible avenues for seeking compensation, such as pursuing a claim against the at-fault driver’s insurance or exploring alternative sources of recovery.

It’s crucial to consult with an attorney as soon as possible to understand your rights and options in your unique circumstances.

Conclusion

If you’ve been involved in a car accident in Maryland, it’s natural to have many questions and concerns. Understanding the legal and practical aspects of your situation is essential for ensuring that your rights are protected and that you receive fair compensation for your injuries and damages.

In this comprehensive guide, we’ve addressed some of the most frequently asked questions about car accidents in Maryland, providing you with valuable information and guidance. However, it’s important to remember that each case is unique, and seeking personalized advice from a car accident lawyer is crucial for your specific situation.

Consulting with a knowledgeable attorney will ensure that you receive the expert guidance and support you need throughout the claims process. They will fight for your rights, negotiate with insurance companies, and help you secure the maximum compensation you deserve.