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Maryland Injury FAQs · Car Accidents

Maryland Car Accident FAQs

Hurt in a Maryland car crash? Start here — what to do, how PIP and insurance work, fault, and being injured by a drunk driver.

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What should I do right after a car accident?

The steps you take in the first minutes and days can make or break your claim, so try to do as many of these as you safely can:

  • Call 911 and report the crash, even if the damage looks minor. Maryland often expects accidents to be reported, and you will want an official record.
  • Get medical help for anyone who is hurt, and tell the dispatcher if someone needs an ambulance.
  • Take photos and video of the vehicles, the road, signs, signals, skid marks, and the surrounding area.
  • Get the names and phone numbers of any witnesses before they leave the scene.
  • Do not handle it “just between the two of you,” and do not admit fault or guess about what happened.

Don’t let the other driver talk you out of calling the police. A report gives you the other driver’s information, insurance details, and the officer’s view of what happened, which can be hard to recreate later.

Should I see a doctor even if I feel fine?

Yes. Some injuries take hours or days to show up, and a doctor can catch and start treating them before they get worse. Seeing a doctor right away also creates a record tying your injuries to the crash. If you wait, the insurance company may argue your injuries were minor or caused by something else. Once you have a treatment plan, follow it closely, because missed appointments give insurers another reason to deny or reduce what they pay.

What if I can’t afford medical care or my bills?

You have options, and you should not put off treatment because of cost. Every Maryland auto policy must carry at least $2,500 in Personal Injury Protection (PIP), which pays your medical bills and lost wages no matter who caused the crash. After PIP runs out, you can file bills through your health insurance, or some doctors will treat you under an Assignment and Acknowledgement (A&A), a lien that lets you pay them out of your eventual settlement. The at-fault driver’s insurer usually won’t pay anything until your case settles, and you shouldn’t settle until your doctor releases you, so these tools help you bridge the gap.

Can I use my health insurance for accident bills?

Yes, and most health plans pay accident-related bills just like any other medical care, subject to your copay or deductible. Keep in mind your health insurer will have a “subrogation” right, meaning it gets reimbursed for those bills out of your settlement before you receive your share. That is the law, but it is negotiable. We routinely work to reduce these reimbursement claims so you keep more of your recovery, which matters most when your settlement is smaller than your total bills.

What are PIP and MedPay, and do I need them?

Both help pay your medical bills after a crash regardless of fault. PIP is “no-fault” coverage with a $2,500 minimum in Maryland; it pays reasonable medical expenses, up to 85% of lost wages, and some household help, often within about 30 days, and it does not have to be repaid out of a third-party settlement. You can waive PIP in writing, but it is usually inexpensive, so most drivers keep it. MedPay is optional and covers only medical expenses, and unlike PIP it usually carries a subrogation clause. Because minimum coverage often isn’t enough, we generally recommend buying as much protection as you can comfortably afford.

What if I was partly at fault?

This is one of the most important things to understand about Maryland law. Maryland follows strict contributory negligence, which means if you are found even 1% at fault, you can be barred from recovering anything. That makes it critical not to admit fault and to have someone build the case that the other driver was responsible. Don’t assume you have no claim — let us review what happened, because the facts often show far less fault on your part than the insurance company suggests.

Can I still file a claim if I wasn’t wearing a seatbelt?

Possibly. Not wearing a seatbelt does not automatically end your claim, but the other side may argue your injuries would have been less severe if you had been buckled, which can affect what you recover. We focus the case on the other driver’s negligence and the full extent of your injuries, and we work to limit the impact of seatbelt use on your claim. Every case is different, so don’t assume you’re out of options.

Can I file a claim if I didn’t call the police?

Yes, though it’s harder without a police report. You’ll need to lean more on other evidence — photos, witness statements, and medical records — to show what happened and who was at fault. We’re used to handling cases where no report was filed and will gather everything available to build your claim. Calling the police is always the better choice, but skipping it doesn’t have to end your case.

Should I talk to the other driver’s insurance company?

It’s best not to, at least not before you talk to a lawyer. The other driver’s adjuster may sound friendly, but their job is to pay you as little as possible. They may push a quick, lowball settlement before you know how serious your injuries are, or get you talking in the hope you’ll say something that hurts your case — which is especially dangerous under Maryland’s contributory negligence rule. Don’t give a recorded statement or sign anything; just tell them your attorney will handle it.

What compensation can I recover?

You may be able to recover for medical expenses (current and future), lost wages, loss of earning capacity, property damage, pain and suffering, and emotional distress. In serious cases, that can include compensation for permanent disability or disfigurement. We look at the full picture, not just your medical bills, so the amount we pursue reflects everything the crash has cost you.

Not sure what your claim is really worth?

Every crash is different. Tell us what happened and we’ll review it for free — no obligation, no attorney’s fees unless we win.

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How are damages actually recovered?

Your damages fall into two groups. “Special” (economic) damages are things with a dollar figure — medical costs, lost income, property damage, therapy, and other out-of-pocket losses — and they’re easiest to prove when you’ve kept good records. “General” (non-economic) damages cover pain, suffering, emotional distress, scarring, and permanent impairment; because there’s no set formula, insurers often estimate them using a multiplier of your financial losses or a daily rate. An experienced attorney knows how to use the evidence to value these fairly so you aren’t shortchanged.

What if the other driver has no insurance or too little?

Maryland is a fault state, and every driver is required to carry at least $30,000 in bodily-injury coverage ($60,000 for two or more people) and $15,000 for property damage. Many crashes cost more than that, and some drivers carry no insurance at all. This is where your own uninsured (UM) and underinsured (UIM) motorist coverage steps in to pay what the at-fault driver can’t — including in hit-and-run cases. This coverage is usually inexpensive, and we’ll review your policy to make sure you use every benefit you’re entitled to.

What happens when my car is totaled?

Your car is “totaled” when the insurer decides repairs aren’t worth it — in Maryland, generally when repair costs exceed 75% of the vehicle’s fair market value. If you still owe more than the car is worth, gap insurance covers that difference, but you have to buy it before the crash. Without gap coverage, ask the insurer for proof of how they valued your car (make sure they counted upgrades, mileage, and optional features), and consider talking with your lender about rolling the balance into a new loan. If you were also injured, a personal injury claim may help you recover much more than the property loss alone.

How do I get a rental car after the crash?

If the other driver was at fault, their insurance should cover a rental while your car is repaired or replaced. If fault is unclear or you were at fault, your own rental reimbursement coverage may apply. We’ll push the insurers to get you into a rental quickly and step in if there are delays, so being without a car disrupts your life as little as possible.

Can a minor or low-impact crash really cause injuries?

Absolutely. Fender-benders in parking lots, stop-and-go traffic, and at intersections can still cause whiplash, soft-tissue damage, concussions, and other serious injuries that sometimes take days to appear. Insurers often treat these as harmless and try to deny them — even State Farm once publicly warned not to assume there are no injuries after a low-impact crash. Treat a slow-speed accident like any other: call the police, document the scene, see a doctor, and don’t sign anything for the other driver’s insurer before getting advice.

What injuries do seatbelts and airbags cause?

Seatbelts and airbags save lives, but they can also cause injuries in a crash. Seatbelts can lead to “seat belt syndrome” (abdominal organ injury), rib fractures, chest and sternum injuries, and shoulder damage, and a defective belt can fail to restrain you properly. Airbags deploy at roughly 100 mph and can cause burns, fractures, facial and eye injuries, hearing loss, and more, and defective or late-deploying airbags can make things worse.

What should I do if a defective seatbelt or airbag hurt me?

Report every symptom to your doctor, and if a defect may be involved, preserve the evidence — keep the vehicle and airbag parts and don’t let the car’s computer be reset or the vehicle scrapped before a lawyer reviews it. These claims can be complex, and we work with industry professionals to prove how the injury happened and who is responsible.

Can I be compensated for pre-impact fright?

Yes. Maryland allows accident victims — and the families of those who die — to recover for the fear and anguish of seeing a crash coming, known as pre-impact fright. It is a type of non-economic damage and can be difficult to prove, especially in wrongful death cases, because it requires showing the person realized an impact was imminent. We understand these claims and how to gather the evidence needed to pursue them.

What if the at-fault driver was on the job?

If the driver who hit you was working at the time, you may have a claim against both the driver and their employer under a rule called vicarious liability. These cases often involve commercial insurance policies with higher limits, which can mean more available compensation. We investigate the driver’s employment, the company’s policies, and every possible source of recovery so all responsible parties are held accountable.

What if I was hurt while driving for work?

If you were injured in a crash while on the job, you may be able to file a claim against the other driver in addition to any workers’ compensation benefits. This is known as a third-party claim, and it can let you pursue damages workers’ comp doesn’t cover, such as pain and suffering. We’ll look at both avenues so you don’t leave compensation on the table.

Who is liable for a work zone or road-defect crash?

It depends on what caused the crash. If another driver was negligent, the usual rules apply. But poor signage, unsafe lane setups, debris, pavement drop-offs, or other hazards can make a contractor, subcontractor, or even a government agency responsible. Claims against government entities are complex and come with very short deadlines, and Maryland’s contributory negligence rule can bar recovery, so it’s important to have the crash investigated and to act quickly.

Can I file a claim for a crash on private property?

Yes. A crash in a parking lot, driveway, or other private property is handled much like a crash on a public road — what matters is proving who was at fault and the injuries you suffered. The same Maryland rules apply, including strict contributory negligence, so document the scene and get the other party’s information just as you would anywhere else.

What if I was injured as a passenger?

As a passenger, you’re almost never at fault, which often makes your claim more straightforward. You may be able to recover from the at-fault driver — who could be the driver of your own vehicle, the other driver, or both — depending on who caused the crash. We’ll identify every available insurance policy so your medical bills and other losses are covered.

What if the crash happened while traveling, or I was visiting Maryland?

We can help whether you’re a Marylander hurt out of state or a visitor injured here. The basic steps are the same: call the police and get a report, notify your insurer (and the rental company if you were driving a rental), document the scene, and see a doctor — even if you feel fine, since injuries can surface after you get home. Other states have different laws and deadlines, so it helps to talk with an attorney familiar with the law where the crash happened. If you don’t see a local lawyer right away, speak with one once you’re home.

How long do I have to file a claim?

Maryland sets firm deadlines for filing a car accident claim, and missing one can cost you the right to recover anything. Insurance policies also have their own notice and filing requirements, and claims against a government entity carry much shorter deadlines. Because the clock starts running at the time of the crash, the safest course is to contact us as soon as possible so no deadline slips by.

Will my case go to court?

Most car accident cases settle out of court through negotiation with the insurance companies, so you likely won’t have to go to trial. If the insurer won’t offer a fair amount, though, we’re fully prepared to take your case to court — we approach every case as if it will go to trial. We’ll keep you informed and explain your options at each stage, whether your case settles or is decided by a jury.

What can a lawyer do for me after a crash?

The weeks after a crash can be overwhelming, and having someone handle the details takes a real weight off you. We investigate the crash and gather evidence to prove fault, collect your medical records, identify every responsible party and insurance policy, deal with the adjusters, and calculate the true value of your claim — then negotiate hard and file suit if the insurer won’t be fair. Because we work on a contingency-fee basis for injury claims, you pay no attorney’s fees unless we recover money for you, and your consultation is always free.

Hit by a drunk driver

Being hurt by a drunk driver is especially painful, and these cases carry their own considerations. Here’s what you should know.

What should I do if a drunk driver hit me?

Call 911 right away and don’t confront the driver, since an intoxicated person can be unpredictable — move to a safe spot if you need to. When police arrive, tell them honestly what you saw, such as the car swerving or weaving, but don’t exaggerate. Take photos, get witness contact information before people leave, and see a doctor promptly so your injuries are documented.

If the driver was drunk, doesn’t that prove they were at fault?

Not by itself. Being intoxicated is a crime and a strong factor, but it isn’t automatic proof that the drunk driver caused the crash. You still need evidence — that they ran a light, swerved into your lane, rear-ended you, or failed to yield. We investigate to nail down the cause and prove the other driver was responsible.

Can I recover more because the driver was drunk?

Possibly. Crashes caused by drunk drivers are particularly egregious, and in some cases you may be able to pursue punitive damages, which are meant to punish the driver and deter that behavior, on top of compensation for your losses. We work to gather all the evidence of intoxication and hold the driver accountable.

Should I talk to the drunk driver’s insurance company?

No — treat it like any other crash and let us deal with the adjuster. Even when an insurer knows its driver was drunk, it will still look for ways to deny or underpay your claim, so don’t give a statement or sign a release before speaking with us.

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