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Navigating Maryland's At-Fault Insurance System After an Accident

E. Gregory Watson, Esq. May 30, 2021

WHAT HAPPENS IF I'M IN A CAR ACCIDENT IN MARYLAND THAT WASN'T MY FAULT?

Maryland is an at-fault insurance state, where the person at fault for a car accident is responsible for paying for other people's injuries and property damage resulting from the accident. Additionally, unlike in no-fault states, drivers in Maryland can file lawsuits to seek compensation for even basic medical expenses after an accident.

Under Maryland's third-party liability rule, drivers in an accident caused by another driver can file claims against the other driver's insurance company.

If you are in a car accident in Maryland that wasn't your fault, you will need to report the crash and provide proof that it wasn't your fault. To avoid legal complications, inform the police about the car accident as soon as possible.

HOW DO I PROVE I WAS NOT AT FAULT FOR A CAR ACCIDENT?

The official accident report is one of the significant pieces of evidence proving liability in a car accident. In addition, the accident report can include information on driver behavior, suspicions of drinking or drug use, and whether any traffic citations were issued at the scene of the accident. Therefore, you should always request a copy of the accident report after it's filed.

So, you'll need to gather evidence to prove you were not at fault for an accident. Make sure you take photos of the damage, record the time and location of the incident, and collect any information from witnesses. After that, file a claim with your auto insurance company and let them investigate the accident.

CAN I SUE FOR NO FAULT ACCIDENT IN MARYLAND?

Since Maryland is an at-fault state for car accidents, drivers can sue each other for compensation after a crash. However, certain insurance benefits are not fault-based, which gives drivers additional options to recover damages after a collision. You can sue for a no-fault accident, but you must have the proper documentation and records to prove you were not at fault for the accident.

You need to keep accurate records of what happened, including your driver's license information, vehicle registration information, and any documentation of injuries or damages from the accident. Some documentation that may be helpful includes copies of police reports, photographs of injuries, and receipts for repairs.

SHOULD I CALL MY INSURANCE IF A CAR ACCIDENT IN MARYLAND WAS NOT MY FAULT?

Suppose you have an accident in Maryland that is not your fault. In that case, you should report the car accident to your insurance company. You could be at risk for liability for damages if you do not immediately report the incident to your insurance company.

In contrast, you do not have to notify the at-fault insurance company of your claim. The at-fault insurance company is not notified of your claim unless you sign a release form. We do not recommend signing any form without first consulting with us, so you know your options and can make an educated decision.

HOW DO CAR ACCIDENT CLAIMS WORK IN MARYLAND?

Understanding the no-fault car accident law will help you when filing a car accident claim in Maryland. Suppose you file a car accident claim. Then, a claim copy is sent to the insurance company's adjuster. In addition, insurance adjusters will often try to obtain accident reports, police notes, photos of the accident, and interviews with other drivers and witnesses to determine the circumstances of the accident, which determine the extent of your claim.

Maryland insurance companies have 30 working days from the date of filing to settle or contest a claim. Maryland insurance companies also have specific timeframes for acknowledging the claim and deciding whether to accept it before paying out the final settlement.

How long it takes for you to get a settlement check can vary. If you and the insurance company can agree on a fair settlement, receiving your settlement payment typically takes around four to six weeks.

CONTACT NO-FAULT ACCIDENT CLAIMS ATTORNEYS AT BALTIMORE ACCIDENT CENTER

If you were involved in a car accident that wasn't your fault, contact us at the Baltimore Accident Center after seeing your doctor. Our no-fault accident claims attorneys specialize in no-fault car accident law and will guide you throughout your case.

For more information on how a No-Fault Vehicle Accident Lawyer can help you, a free initial consultation is your next step. Get the information and legal answers you need by calling our Baltimore, MD office today at (443) 449-2919