Maryland Car Accident Settlement Process and Timeline

If you spend an hour or two a day in bumper-to-bumper traffic in Maryland, you know how easy it is to get into an accident. You probably see accident victims on the side of the road a few times a week. You thank your lucky stars that you're not the one waiting for the police to arrive.

Unfortunately, most of us will be in a motor vehicle accident at some point. When this happens, you must know what to do. If you don't take specific steps after your car crash, you may jeopardize your chance of recovering damages. You'll also make it harder for your car accident lawyer to negotiate a fair settlement.

Here, we'll explain the Maryland car accident settlement process, discuss the factors that impact your settlement amount, briefly touch on the settlement timeline, and explain why it's in your best interest to consider settling your car accident claim.

Contact a skilled Maryland car accident attorney if you still have questions about your car accident case.

Do I Need to Report a Car Accident in Maryland?

You must file a car accident report to preserve your potential personal injury claim. Not only does Maryland law require it, but your personal injury lawyer will also need this report to prove your case.

According to Georgia law, motorists must file a crash report with the Maryland Motor Vehicle Administration (MVA) within 15 days of the accident if the crash caused injury or death. But, if the police investigate the crash, you don't have to file a separate accident report.

Once the officer investigates the accident scene, they'll put their findings in a police report. This report contains valuable information that your auto accident attorney won't have access to. Once law enforcement clears the scene, important evidence will disappear.

For these reasons, you must call 911 immediately after your motor vehicle accident.

Maryland Car Insurance Laws

Maryland law requires all drivers to carry auto insurance. This means there's a good chance that the at-fault driver in your crash will have enough insurance to pay your car accident claim.

In Maryland, all motorists must maintain the following types of coverage:

For both liability coverage and uninsured/underinsured motorist coverage, you must buy the following minimum amounts required by law:

  • $30,000 for bodily injury per person
  • $60,000 for bodily injury for two or more persons per accident
  • $15,000 for property damage per accident

For PIP, Maryland law requires that you carry at least $2,500 coverage.

If you fail to meet these required minimums, the state may fine or suspend your driver's license.

How Do Car Accident Settlements Work in Maryland?

Maryland follows the traditional at-fault system for car accident cases. If you suffer a car accident injury, you may have a claim for damages. Your personal injury attorney must prove fault to recover fair compensation for your medical injuries and property damage.

If you can prove the other driver was negligent, you'll have three options:

  • File a claim under your insurance policy
  • File a claim through the other driver's insurance company
  • File a lawsuit against the other driver who is at fault

In some cases, you may need to do all the above. It depends on a few things. If your insurance doesn't cover all your damages, you'll have to sue the other driver. There's also the chance that one (or both) insurance companies may deny your claim. If this happens, your only recourse is to personally recover damages from the at-fault driver.

If you can't resolve your claim with the insurance company, you have two options: submit it to Maryland's Rapid Response Program or file a written complaint. The Maryland Insurance Administration (MIA) created the Rapid Response Program to help people resolve property and casualty claims without filing an official complaint.

If you file a written complaint, the MIA will review it and suggest ways to resolve it. The Administration does not intervene in a pending lawsuit or make decisions about the dispute. It offers ways for you to resolve your car accident claim.

What Is the Average Car Accident Settlement in Maryland?

Courts and insurance companies usually divide damages into economic and noneconomic categories. Economic damages are tangible losses you sustain as a result of the crash. These include medical bills, mechanic's bills, and lost wages.

Noneconomic damages refer to abstract costs of an accident, such as pain and suffering.

Unfortunately, you won't recover damages if you are partially at fault for the accident. Unlike most other states, Maryland follows the "contributory negligence" rule, which completely bars recovery for plaintiffs who are partially at fault. This is the case even if you were only one percent at fault.

Maryland's law on proving fault in a car crash plays a critical role in car accident cases.

How Long Will It Take to Settle My Car Accident Lawsuit?

One of the first questions accident victims ask their car accident lawyer is how long it will take to settle their case. There is no easy answer to this question. It may take months to determine your damages, depending on the nature and severity of your injuries. The longer it takes to file your claim, the longer it will take to negotiate a settlement.

Your lawyer will work hard to negotiate a fair settlement as quickly as possible. But this will take at least a few months. In some cases, it takes more than a year to resolve this type of case.

How Long Do I Have to File a Car Accident Lawsuit in Maryland?

Per Maryland's statute of limitations, you have only three years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, the court will dismiss your car accident case.

Check the deadline and contact an experienced attorney to proceed with a lawsuit.

Have Your Maryland Car Accident Settlement Reviewed by a Local Attorney

If you are in a motor vehicle accident in Maryland, you should consider contacting an experienced car accident attorney. They can review your case and let you know if it has merit. They'll also explain how the settlement process works.

The last thing you want to do is be disadvantaged against the insurance company. They'll have a team of lawyers working for them, and you should also have someone in your corner.

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Can I Solve This on My Own or Do I Need an Attorney?

  • A lawyer can help seek fair compensation on your behalf
  • Car accident claims are complex and insurance carriers have lawyers on their side

Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.

 

If you need an attorney, find one right now.