The moments following a car accident in Maryland are often a blur of flashing lights, paperwork, and adrenaline. Once the dust settles, many drivers find themselves facing a complex legal landscape they weren’t prepared for. Maryland’s personal injury laws have unique quirks that can surprise the most cautious drivers.
If you’ve recently been injured on our roads, here is what you need to know to protect your rights and your recovery.
1. The "Contributory Negligence" Trap
Maryland is one of the few remaining states that follows the strict contributory negligence rule. In most states, if you are 10% at fault, you can still recover 90% of your damages. In Maryland, if an insurance company can prove you contributed even just 1% to the cause of the accident, you may be barred from recovering any compensation at all.
This is why what you say at the scene and to insurance adjusters matters immensely. One stray comment about being "in a rush" could be used to devalue your entire claim.
2. Your PIP Coverage is a Lifeline
Maryland law generally requires car insurance policies to include Personal Injury Protection (PIP), unless it was specifically waived in writing. PIP is "no-fault" coverage, meaning it can help pay for medical bills and lost wages immediately, regardless of who caused the crash.
Many drivers wish they knew that using their PIP benefits does not raise their insurance premiums. It is a resource you’ve already paid for—don't be afraid to use it while your larger liability claim is pending.
3. The Insurance Adjuster is Not Your "Good Neighbor"
It’s easy to feel a sense of relief when an insurance adjuster calls promptly and speaks with a friendly tone. However, it is vital to remember that their primary goal is usually to settle your claim for the lowest amount possible.
They may ask for a recorded statement or push for a quick settlement before you even know the full extent of your injuries. You are not required to provide a recorded statement immediately, and you should never sign a release until a medical professional has cleared you or identified the long-term impact of your injuries.
4. The Statute of Limitations is Firm
In Maryland, you generally have three years from the date of the accident to file a lawsuit. While that may sound like a long time, building a winning case involves gathering evidence, interviewing witnesses, and negotiating with stubborn providers. If the clock runs out, your right to seek compensation vanishes forever.
Take Control of Your Recovery
Navigating the aftermath of an accident is exhausting, but you don't have to do it alone. At Fay Law Group, P.A., we understand the stress you’re under and the tactics insurance companies use to avoid paying what is fair. We are here to provide the professional, supportive guidance you need to secure your future.
If you have questions about your claim or are facing pushback from an insurance company, reach out to Fay Law Group, P.A. today at (202) 589-1300 for a consultation. Let us handle the legal hurdles so you can focus on healing.