Is Maryland A No-Fault State?
Unfortunately, No. Maryland is recognized as a “Fault” state in car accidents and trucking accidents. And, sadly, for many people who suffer major interstate and beltway traffic collisions, recovering monetary compensation to cover your medical expenses and rehabilitation costs is unlikely or very difficult if the defendant can show that you were at least partly careless.
In Maryland, if you are harmed in an auto accident and the responsible party is at fault, you may be eligible for compensation for your injuries and other losses. Because Maryland is a “Fault” state, pursuing your claim under its insurance rules might be more difficult than it would be in states with no-fault insurance laws. For this reason alone, our personal injury attorneys at Hyatt & Goldbloom recommend that you contact our office to better understand your rights under Maryland’s insurance regulations.
Understanding Fault State Laws
The state’s fault-based insurance system in Maryland (and the few other states with similar car insurance laws) determines who will pay the victim for his or her losses following a traffic accident. In contrast to no-fault insurance states, where the precise liability of one or both drivers is irrelevant, in Maryland, an injured person is not required to utilize his or her own insurance coverage before pursuing additional compensation from the driver whose actions caused the incident. In Maryland, if you are hurt in a vehicle collision, you have three distinct alternatives:
- File a claim with your own car insurance carrier
- Sue the other driver directly for monetary compensation for your medical bills
- Pursue the other driver’s insurance company for damages
What is the Difference Between an At-Fault State and a No-Fault State?
If you are involved in a car crash, it is required by law that you file a claim with your insurance company- regardless of who caused the accident. In states that practice no-fault laws, every driver must have personal injury protection (PIP) as part of their auto insurance policy. If you require assistance or have questions concerning PIP laws, consult a Maryland personal injury protection lawyer. Although under no-fault circumstances drivers may still sue for injuries inflicted and pain experienced if the situation meets specific qualifications.
Some states with no-fault insurance require a minimum number of days off work as a result of an injury before you can file a claim. Litigation is restricted in these states and they often lead to lower payouts for accidents, but they also reduce costs and delays related to claims.
Negligence Laws in Maryland
Determining who is to blame for an accident is crucial if you want compensation after a car accident. Maryland is one of only a few states that adhere to the contributory negligence principle, which means culpability must be proved.
The contributory negligence rule is harsh in its restrictions on liability. If you are found to be even 1% responsible for the car accident that harmed you, your claim will be denied. Because the law is so stringent, working with a seasoned automobile accident lawyer who can build a strong case placing full responsibility on the at-fault party is critical. It’s sometimes difficult to determine who is ultimately to blame.
Your Right to Pursue Compensation
Attorneys typically advise their clients not to provide insurance companies with a recorded statement following an accident, especially in no-fault states where consumers are legally required to cooperate with their insurance company.
However, in no-fault states, consumers may be compelled to submit recorded statements and even agree to a medical examination with the no-fault insurer’s chosen doctor. Failing to comply with a no-fault insurance company can result in your insurance policy being canceled. If you’ve been hurt in an accident in Maryland, you may work with a knowledgeable car accident lawyer to obtain the compensation you deserve. The following are some of the most common ways of legally obtaining compensation:
- Filing a claim under your own vehicle insurance policy.
- Filing a personal injury lawsuit against the driver who caused your vehicle accident.
- Filing a claim through the at-fault motorist’s insurance policy, which is referred to as a third-party insurance claim.
Contact Our Maryland Personal Injury Attorneys Today
If you’ve recently been injured in an accident and are unsure of your eligibility to recover compensation for your injuries, contact Hyatt & Goldbloom today. Our experienced personal injury attorneys have the knowledge and resources needed to best handle your potential personal injury claim. Contact our office today for a free consultation and to learn more about how we can help.
