If you’ve recently been in a car accident in Maryland, you’re probably dealing with vehicle damage and wondering about your rights. Dealing with insurance companies and understanding legal options after an accident can be complicated. This is where a Maryland auto property damage claims lawyer can be incredibly helpful. A Maryland auto property damage claims lawyer can guide you through the process and ensure you understand your rights. Before you even think about contacting a lawyer, it’s important to understand the basics of car accident property damage claims in Maryland.

Table Of Contents:

• Understanding Property Damage Claims in Maryland
  • Maryland is an At-Fault State for Car Accidents
  • Types of Property Damage After a Car Accident
  • What to Do After an Accident to Protect Your Claim
  • Should I Consult with a Maryland Auto Property Damage Claims Lawyer?
• Statute of Limitations for Filing a Claim
  • Social Host Liability
  • Insurance Coverage: Yours and Theirs

Understanding Property Damage Claims in Maryland

Property damage, in the context of a car accident, means any damage done to your vehicle, personal items inside the car, or other property impacted by the accident. A property damage claim aims to recover the cost of repairing or replacing these items.

Maryland is an At-Fault State for Car Accidents

Unlike some states with “no-fault” laws, Maryland operates under an “at-fault” system. This means that the person who caused the accident is responsible for the damages they cause. Determining who is at fault isn’t always easy, as it often hinges on proving negligence.

For example, if a driver ran a red light and hit your car, they would likely be considered negligent and therefore at fault for the accident. Accidents can be complicated. That’s why gathering evidence like photos, videos, witness statements, and the police report is essential to support your claim.

Types of Property Damage After a Car Accident

Property damage isn’t limited to your car alone. Here’s a breakdown:

• Vehicle Damage: This covers dents, scratches, mechanical issues, or total loss of your car. If the cost of repairs is more than the car’s value, it’s deemed a “total loss,” and the insurance company typically pays the fair market value.
• Personal Property Damage: Items inside your car that are damaged because of the accident, like electronics, luggage, or child seats, are considered part of the claim.
• Other Property Damage: If the accident damaged public property, like a telephone pole, or private property, like a fence, those repair costs may be part of your claim as well.

What to Do After an Accident to Protect Your Claim

While every accident is different, the steps you take after a car accident can greatly affect your chances of receiving fair compensation for your property damage:

1. Safety First: Ensure your safety and the safety of others. Move your vehicle out of traffic if possible.
2. Call the Police: Report the accident and request a police report. This is essential documentation.
3. Gather Evidence: Document everything with photos, videos, and notes. Obtain the contact information of witnesses, too. If possible, document the at-fault driver’s driver’s insurance company.
4. Seek Medical Attention: Even if injuries aren’t immediately apparent, get a medical evaluation to be safe. You want to make sure to start medical treatment if you need it, and this will start to generate records for a personal injury claim, in case you need one.
5. Contact Your Insurance: Report the accident to your insurance company. But be cautious about admitting fault or signing any agreements without speaking to a lawyer first.

Should I Consult with a Maryland Auto Property Damage Claims Lawyer?

You might be able to resolve your property damage claim independently. But, there are several situations where consulting with an accident attorney is a smart move. If any of the following situations apply to you, reach out to an experienced car accident lawyer:

• Significant Property Damage: If your car is totaled, or the repairs are extensive and costly, a lawyer can ensure you receive the full value you deserve. You may be able to get compensation for diminished value, which is separate from the cost to repair the vehicle.
• Disputed Liability: If there are disagreements about who caused the accident, a lawyer will investigate, gather evidence, and advocate for your best interests. This is especially important if it becomes a car accident case.
• Difficult Insurance Companies: If the at-fault driver’s insurance company denies your claim or offers a low settlement, a lawyer can negotiate effectively on your behalf. Your lawyer will deal with the insurance adjuster so you do not have to.
• Hidden Damages: Some damages, like diminished value (the decrease in your car’s worth due to the accident), are not immediately obvious. A lawyer can identify and seek compensation for these often-overlooked damages. In addition, they will be able to advise if your accident warrants hiring an expert witness.

For example, in 2018, there were over 117,000 car accidents in Maryland according to the Maryland Department of Transportation. With such a high volume of accidents, the possibility of disputes and complex insurance issues arises. An injury lawyer can make sure that the at-fault driver’s insurance company pays what they are supposed to under the at-fault driver’s policy.

In addition, according to the Insurance Research Council, 12.6 percent of drivers in the United States are uninsured, which raises further concerns in a state like Maryland. A Maryland car accident is not something to handle on your own, so be sure to reach out to a personal injury attorney.

Statute of Limitations for Filing a Claim

In Maryland, the statute of limitations for filing a property damage claim is three years from the date of the accident. This means you must file your lawsuit within this time frame, or you risk losing your right to seek compensation. Many clients are injured, and it may impact their ability to file within that time.

Social Host Liability

Maryland has social host liability laws (CR § 10–117(b)). Under these laws, dram shops (businesses that serve alcohol) and even social hosts, could be found liable if they over-served someone alcohol, and that person then caused a drunk driving accident. This adds another layer of complexity, especially if alcohol was a factor in the accident that caused your property damage.

Insurance Coverage: Yours and Theirs

Maryland law requires drivers to have car insurance, but policies differ. Knowing what your insurance covers and what the other driver’s insurance covers (if they have any), can be a maze. A Maryland auto property damage claims lawyer can help you understand both your coverage and your rights. It is import to understand the other driver’s insurance policy limits, your policy limits, as well as whether there is collision coverage on your policy, or personal injury protection that would apply.

Conclusion

Dealing with property damage after a car crash in Maryland can be stressful and confusing, particularly if the other party is uninsured or liability is disputed. An experienced Maryland auto property damage lawyer can make all the difference in getting your car fixed, securing a rental vehicle, replacing personal property, and covering other costs fairly.

Navigating insurance policies, determining fault, and negotiating with insurance companies are best left to experienced legal professionals who know the ins and outs of Maryland law. If you’ve experienced significant property damage from a car accident, it’s highly advisable to consult a Maryland auto property damage claims lawyer sooner rather than later.

They can assess your situation and help protect your rights to secure fair compensation. Contact a Maryland auto property damage claims lawyer with experience in car accident cases and practice areas related to rental car issues for the best results.