Navigating the Maryland Car Accident Claim Process: Your Step-By-Step Guide

Experiencing a car accident is stressful, and the aftermath can be confusing, especially when dealing with insurance claims. Understanding the Maryland car accident claim process is crucial for protecting your rights and seeking fair compensation for your injuries and damages.

If you’ve been involved in a collision, seeking guidance from a qualified car accident lawyer can be beneficial. An attorney can explain your rights, help you understand the complexities of Maryland law, particularly the contributory negligence rule, manage communication with insurance companies right from the start, and ensure crucial deadlines are met.

Navigating insurance claims requires careful attention to detail and adherence to specific procedures. This step-by-step guide provides a comprehensive overview of filing a car accident claim in Maryland, outlining the essential actions required from the moment an accident occurs through the final resolution.

Step 1: Immediate Actions at the Scene

The initial moments after a car accident are critical. Ensuring safety and gathering essential information lays the groundwork for the entire Maryland car accident claim process.

• Prioritize Safety: Check yourself and others involved for injuries. If anyone is hurt, call 911 immediately for medical assistance and police response. If vehicles are drivable and it’s safe to do so, move them out of active traffic lanes to prevent further incidents. Activate hazard lights.
• Report the Accident: Maryland law requires drivers to report accidents involving injury, death, or disabling damage to a vehicle. Calling 911 typically fulfills this requirement, as police will respond and create an official report. This police report becomes a vital piece of evidence. According to the Maryland Motor Vehicle Administration (MVA), you must remain at the scene until you have fulfilled your duty to give information and render aid.
• Exchange Information: Obtain the following from all other drivers involved: names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance company names and policy numbers. Also, gather contact information from any passengers and witnesses. Avoid discussing fault or admitting responsibility at the scene.
• Document the Scene: If possible, take photos and videos of the accident scene, including vehicle damage, positions of the cars, skid marks, traffic signals, road conditions, and any visible injuries. Note the date, time, and weather conditions.

Step 2: Post-Accident Procedures

After leaving the accident scene, several important steps follow to initiate and support your claim.

• Seek Medical Evaluation: Even if injuries seem minor, get a medical check-up promptly. Some injuries, like whiplash or internal bleeding, may not manifest symptoms immediately. Medical records provide crucial documentation linking injuries to the accident, which is essential for the Maryland car accident claim process. Keep detailed records of all treatments, appointments, and related expenses.
• Notify Your Insurance Company: Report the accident to your own insurance company as soon as possible, regardless of who was at fault. Most policies require prompt notification. Provide factual details about the incident, but avoid speculation or admitting fault. Your insurer will explain your coverage, including Personal Injury Protection (PIP), if you have it, which provides benefits regardless of fault. The Maryland Insurance Administration offers guidance on auto insurance claims. A lawyer can also help you understand your own policy coverages, like PIP and UM/UIM, and assist with this notification process.
• Obtain the Police Report: Once available, get a copy of the official police report. This document contains the officer’s observations, diagrams, witness statements, and sometimes, an initial assessment of fault.

Step 3: Initiating the Claim

With preliminary steps completed, you can formally begin the claims process. Your lawyer can handle this entire process on your behalf.

• Identify the Liable Party’s Insurer: If the other driver was at fault, you (or your lawyer) will file a third-party claim with their liability insurance carrier. If the at-fault driver is uninsured, or if you were involved in a hit-and-run, you may need to file a claim under your own Uninsured/Underinsured Motorist (UM/UIM) coverage, if purchased.
• File the Claim: Contact the appropriate insurance company (either the at-fault party’s or your own) to formally initiate the claim. You will be assigned a claim number and an adjuster. Provide all the information and documentation you gathered. Having a lawyer manage communication with the adjuster from the beginning can prevent missteps and protect your interests.
• The Insurance Investigation: The assigned insurance adjuster will investigate the claim. This involves reviewing the police report, interviewing involved parties and witnesses, inspecting vehicle damage, examining medical records, and assessing liability based on Maryland law. Be aware that Maryland follows a strict “contributory negligence” rule. This means if you are found even 1% at fault for the accident, you may be barred from recovering any damages from the other party. This highlights the importance of carefully documenting the accident. An experienced lawyer plays a critical role here: they can conduct an independent investigation, gather evidence to establish the other party’s full responsibility, identify and interview additional witnesses, and build a strong defense against any assertion that you contributed to the accident, which could otherwise prevent you from recovering damages.

Step 4: Negotiation and Resolution

Once the investigation is complete, the process moves towards settlement.

• Damage Assessment: The adjuster will evaluate your damages, including medical bills (past and future), lost wages, property damage (vehicle repairs or replacement), and potentially pain and suffering. Keep meticulous records of all expenses and losses. A lawyer ensures all potential damages are identified and properly valued, including future medical costs, diminished earning capacity, permanent impairments, and non-economic damages like pain and suffering, which adjusters often undervalue.
• Settlement Offer: The insurance company will likely make a settlement offer. It’s crucial to understand that the initial offer may be lower than the actual value of your claim. Do not feel pressured to accept immediately.
• Negotiation: You have the right to negotiate the settlement amount. You can present counter-arguments supported by your evidence. This stage can be complex. Having legal representation is highly advantageous here. Lawyers understand how insurance companies operate, know how to accurately value a claim based on Maryland law and case precedents, possess the negotiation skills needed to counter low offers, and can leverage the possibility of a lawsuit to fight for the full compensation you deserve.
• Settlement or Lawsuit: If negotiations result in an agreement, you will sign a release form, and the insurer will issue payment. If a fair settlement cannot be reached, your next option may be to file a lawsuit. In Maryland, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. Missing this deadline means losing your right to sue for damages. Should a lawsuit be necessary, your lawyer will handle all complex legal procedures, including filing the complaint, managing discovery (evidence exchange), deposing witnesses, hiring expert witnesses if needed, filing motions, and representing you in court, ensuring your case is presented effectively and all deadlines are met.

Final Considerations in Your Maryland Car Accident Claim

Successfully navigating the claims process requires diligence, organization, and an understanding of Maryland’s specific laws. Keeping detailed records, acting promptly, and understanding the implications of contributory negligence are key. The process can be lengthy and challenging, particularly when dealing with significant injuries or disputes over fault.

Throughout this potentially overwhelming process, a car accident lawyer acts as your dedicated advocate, managing the legal complexities, procedural burdens, and communications with insurers, allowing you to focus on your recovery.

Contact the Law Office of David Wasser

If you’ve been injured in a car accident, don’t settle for less than you deserve. Understanding the complexities of car accident settlements and Maryland’s laws can be overwhelming, but you don’t have to navigate this process alone. An experienced attorney can protect your rights and fight for fair compensation.

Click here to call the Law Office of David Wasser today to have your case evaluated.