Picture this: you’re cruising down the road, lost in thought, when out of nowhere – another vehicle collides with yours. As you pull to the side of the road, your heart pounds and your mind races, trying to process the unexpected car accident. If you’ve been in an accident, understanding Maryland car accident laws can help you receive fair and full compensation.
Maryland car accident laws include tricky concepts like contributory negligence and PIP claims. But fear not. We’re here to break it all down for you, giving you the clarity you need to make informed legal decisions after your accident.
When Must You Report a Car Accident to the Police?
According to Maryland law, you must report the car accident to the police if:
- Someone is hurt (or killed) in the accident.
- A driver seems to be intoxicated (under the influence of drugs or alcohol).
- Public property is damaged.
- A driver tries to flee the scene of the accident without providing the proper information.
- A driver is unlicensed.
A better question is: Should you report the accident to the police?
The information contained in your police report can be a lifesaver if you need to file an insurance claim or personal injury lawsuit. Even accidents involving little or no property damage can result in serious injuries, so it is always a good idea to file a police report to preserve your right to file a claim later on.
The police report contains crucial details like when and where the accident happened, who was hurt, and what property damage occurred. A full breakdown of what is included in your Maryland car accident police report is provided in the figure below.
Anatomy of Your Maryland Car Accident Police Report
Statute of Limitations for a Car Accident in Maryland
In Maryland, you have three years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations.
The clock starts ticking the moment you’re injured in an accident. You’ve got a three-year window to file your personal injury lawsuit, and if you miss it, you could be out of luck when it comes to getting the compensation you deserve. Don’t wait – reach out to a skilled personal injury attorney right away to ensure your rights are protected.
Maryland Car Accident Laws Regarding Personal Injury Protection Claims
PIP stands for Personal Injury Protection. It’s a type of no-fault insurance coverage that pays for your medical expenses and lost wages after an accident, regardless of who was at fault.
In Maryland, PIP coverage is optional. But if you do have it, your PIP claim will be governed by Section 19-505 of the Maryland Insurance Code. This law establishes rules for how PIP claims are handled, including the types of expenses that are covered and the time limits for filing a claim.
How Much PIP Coverage Do I Need?
The minimum amount of PIP coverage you can purchase in Maryland is $2,500, but most insurance experts recommend getting at least $10,000 in coverage, especially if you don’t have health insurance.
Keep in mind that PIP only covers your own medical expenses and lost wages, not the other driver’s. Unlike a settlement or verdict, money from PIP is available for you immediately after your accident.
Contributory Negligence in Maryland Car Accident Cases
Maryland is one of only a handful of states that still follows the rule of contributory negligence. Under this rule, if you’re found to be even 1% at fault for the accident, you cannot recover any compensation from the other driver.
This is a harsh rule with potentially devastating consequences for accident victims. That’s why it’s so important to have an experienced car accident attorney on your side who can help you build a strong case and prove that the other driver was 100% at fault.
What If I’m Partially at Fault for the Accident?
If you’re found to be partially at fault for the accident, you may still be able to recover compensation through your own insurance policy. For example, if you have collision coverage, your insurance company will pay to repair or replace your vehicle, minus your deductible.
But if you’re seeking compensation for your injuries and other damages, you’ll need to prove that the other driver was entirely at fault. This can be a difficult task, but a knowledgeable car accident attorney can help you gather the evidence you need to build a strong case.
What Can You Get Compensation for in an Auto Accident Case?
If you’ve been injured in a car accident that wasn’t your fault, you may be entitled to compensation for a wide range of damages, including:
- Medical expenses, including hospital bills, doctor’s visits, and physical therapy.
- Lost wages if you had to miss work due to your injuries.
- Pain and suffering
- Emotional distress
- Property damage to your vehicle
In some cases, you may also be able to recover punitive damages if the other driver’s actions were particularly egregious, such as driving under the influence of drugs or alcohol.
How Much Is My Car Accident Claim Worth?
The value of your car accident case will depend on a variety of factors, including the severity of your injuries, the amount of your medical bills and lost wages, and the strength of your evidence. Choosing an attorney that has extensive personal injury experience can make a huge difference in the value of your claim.
An experienced car accident attorney can help you determine the value of your case and negotiate with the insurance company to get you the compensation you deserve. At Baldwin, Briscoe, Steinmetz & Ohri, P.C., we have a proven track record of success in handling car accident cases and getting our clients the maximum compensation possible.
Why Car Accident Victims Choose Baldwin, Briscoe, Steinmetz & Ohri
If you’ve been hurt in a Maryland car accident, don’t face the big insurance company alone. Their goal is to make a profit, not ensure you receive the compensation you deserve. Our experienced attorneys will stand by your side, fighting fiercely to protect your rights and secure the compensation you deserve.
At Baldwin, Briscoe, Steinmetz & Ohri, we have over two decades of experience handling car accident cases in Southern Maryland. We know the ins and outs of the Maryland legal system and we’re not afraid to take on the big insurance companies to get our clients the compensation they deserve, even if it takes going to trial.
When you partner with us, you can expect:
- Personalized attention from an experienced car accident attorney who will listen to your story and answer all of your questions.
- Thorough investigation of your case to gather all the evidence we need to build a strong claim.
- Aggressive negotiation with the insurance company to get you the maximum compensation possible.
- Trial experience if your case needs to go to court.
- No upfront costs or fees – we only get paid if we win your case.
Don’t try to handle your car accident case on your own. Contact us today for a free, no-obligation consultation. We’ll evaluate your claim and help identify the best next steps to obtaining full and fair compensation for your injuries.
FAQs
How Long Do I Have to File a Car Accident Claim in Maryland?
In Maryland, you have three years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations.
If you don’t file your lawsuit within this three-year window, you’ll likely be barred from recovering any compensation for your injuries and damages. That’s why it’s so important to act quickly after an accident and consult with an experienced personal injury attorney who can help you protect your rights.
Will I Get a Rental Car While Mine is in the Repair Shop?
If the other driver was at fault for the accident, their insurance company should pay for a rental car while yours is being repaired. However, getting the insurance company to agree to this can sometimes be a challenge. Your own insurance may provide rental coverage, depending on your policy.
That’s where an experienced car accident attorney can help. At Baldwin, Briscoe, Steinmetz & Ohri, P.C., we can negotiate with the insurance company on your behalf to make sure you get the rental car you need while your vehicle is being repaired.
I Don’t Have a Liability Claim. Can I Still Recover Damages for My Injuries?
If you don’t have a liability claim against the other driver, you may still be able to recover some compensation for your injuries through your own insurance policy.
For example, if you have Personal Injury Protection (PIP) coverage, you can file a claim with your own insurance company to pay for your medical expenses and lost wages, regardless of who was at fault for the accident.
If you have questions about what types of insurance coverage you have and what your options are for recovering compensation, an experienced car accident attorney can help.
Whose Insurance Company Pays for My Medical Bills?
If you have Personal Injury Protection (PIP) coverage, your own insurance company will pay for your medical bills up to the limits of your policy, regardless of who was at fault for the accident.
If you don’t have PIP coverage or if your medical bills exceed your PIP limits, you may be able to recover compensation from the at-fault driver’s insurance company. However, getting the insurance company to pay can sometimes be a challenge, especially if they dispute who was at fault for the accident.
An experienced car accident attorney can help you navigate the claims process and negotiate with the insurance company to make sure your medical bills are paid.
Can I File a Claim Without Insurance?
If you don’t have insurance, you can still file a claim against the at-fault driver’s insurance company for your injuries and damages. That’s because Maryland law requires all drivers to carry a minimum amount of liability insurance.
An experienced car accident attorney can help you build a strong case and negotiate with the insurance company to get you the compensation you deserve, even if you don’t have insurance.
The At-Fault Driver Has No Insurance. Now What?
If the at-fault driver doesn’t have insurance, you may still be able to recover compensation for your injuries and damages through your own insurance policy.
For example, if you have uninsured/underinsured motorist coverage, you can file a claim with your own insurance company to pay for your medical bills, lost wages, and other damages.
If you don’t have uninsured/underinsured motorist coverage, you may need to file a personal injury lawsuit against the at-fault driver to recover compensation. An experienced car accident attorney can help you explore all of your options and choose the best path forward.
What Are the Minimum Insurance Requirements in Maryland?
In Maryland, all drivers are required to carry a minimum amount of liability insurance, which includes:
- $30,000 per person for bodily injury
- $60,000 per accident for bodily injury
- $15,000 per accident for property damage
However, these are just the minimum requirements. Many insurance experts recommend carrying higher limits to protect yourself in case of a serious accident.
If you have questions about your insurance coverage or need help filing a claim, a knowledgeable car accident attorney can help.
Conclusion
Don’t let the insurance companies push you around – stand your ground and fight for the compensation you deserve. And if you need a little extra muscle in your corner, don’t hesitate to call an experienced Maryland car accident attorney who knows the law inside and out.
Call (443) 853-8698 to schedule a free consultation today.