Car Accidents In Maryland: What You Need To Know

New to Maryland?

First of all, welcome! We’re so glad you decided to choose Maryland as your new home. There are a few things you need to know if you’re new to the state and experience a car accident. The state of Maryland requires that you be covered with a minimum amount of PIP and that your insurance is licensed in the state of Maryland. If you have one of the major insurers, this should be as easy as logging into your portal and changing your home address. It’s ideal if this change is made before a collision, but we understand that life happens. If you experience an accident and haven’t changed your insurance, let our team of collision experts help you out.

At-fault State

Maryland is one of 38 states that follow at-fault law. This means that if you get into an accident, you must prove that the other person caused the collision in order to make a claim and place it against their insurance company. For this reason, the state of Maryland requires everyone to carry $30,000 in bodily injury insurance and $15,000 in property damage insurance. 

As a precaution, it’s always a good idea to call for a police report when you experience a collision in order to have documentation in case the claim has to go to court. In the event that the person responsible for the crash has illegally not carried insurance, you can file a notice to the Maryland DMV. If the DMV and its paperwork are a little daunting, our accident attorneys at Murphy, Falcon & Murphy are more than happy to take over for you.

Maryland Follows Pure Contributory Negligence Law

Comparative negligence is a legal convention where a person’s claim is prorated based on how “at fault” they are. For example, if a claimant was found to be 25% at fault, then they would receive 25% less of their claim than they normally would have if they had no fault. Maryland is one of only four states that follows pure contributory negligence. This means if a person is found to be at fault at all, they will not be able to make a claim against the other person’s insurance. This is a tricky situation to be in without someone in your corner, so if you think you might be found slightly at fault, make sure you let your car accident attorney know. They can get into the nitty-gritty with you and argue your case to ensure you are not found at fault and can make your claim.

Maryland-specific laws for striking a pedestrian or property

Maryland law states that you must stop if you cause a collision involving another person, property, or pet. In the unfortunate event that you strike a pedestrian or cyclist, you must immediately call 911 and notify medics of the type of injuries and location of the incident. You must keep your vehicle in the same location while an officer accesses the scene and determines the cause. If no one is injured, you should move your vehicle off the main road as much as possible so as not to impede traffic. 

If you happen to strike an unoccupied vehicle or another person’s property, you must seek to locate the owner of the property and provide your insurance information. If you are unable to locate the owner, you should place a notice to them in an obvious location with your contact information. Most people will see a note placed on their windshield, but this is also a prime place for a passerby to see and potentially use your information against you. One of our favorite tips is to wedge the note in the driver’s door handle. It’s an inconspicuous location, but very obvious to the driver.

File Your Claim Within Three Years of the Incident

In the state of Maryland, the statute of limitations for filing a claim after a motor vehicle collision is three years. Any claim filed after that will more than likely be thrown out, so make sure you file your claim as soon as possible. If you need help getting started, see one of our accident claim experts.

You Have the Right to Sue for Economic and Non-Economic Damages

The state of Maryland allows plaintiffs to file for both economic and non-economic damages. Economic damages are quantifiable and can be calculated by adding up lost wages, hospital bills, property damage, and even funeral costs. These are the more obvious costs and are much easier to make claims against. Non-economic damages are for the loss of care and support, intentional infliction of emotional stress, and pain and suffering. As of 2020 in Maryland, the cap for non-economic damages is $905,000 so make sure you connect with one of our economic damages experts to help you get the maximum amount for your pain and suffering.

Don’t let insurance companies take advantage of you

In the world of insurance claims, less is more. When a claims adjuster calls, remember you are not required to admit fault or agree to record a statement. The best outcome for a claims adjuster is for you to take the first (and lowest) settlement you are offered and be done with it. Be careful with these conversations, or let your accident injury lawyer take care of it for you. The last thing you want is to agree to less money than you’re entitled to, or worse, be found at fault for a collision you were actually the victim in.