See what to do after a Maryland car accident to protect your rights and build a strong injury claim.
Roughly 89 people are injured or killed on Maryland roadways every day.¹
Maryland is a traditional fault state. This means you can seek compensation from the at-fault driver after a collision. Most accident cases start by filing a claim against the driver’s insurance company.
Here’s what you need to know about Maryland traffic laws and vehicle injury claims.
What to Do After a Maryland Car Accident
Drivers who violate Maryland car accident laws may face fines, citations, and points on their driving record. Here are five steps you can take after a car accident to comply with Maryland laws and start building a strong insurance claim.
1. Stay At the Scene and Exchange Information
Maryland drivers are required to stop and remain at the scene of any car accident involving injury or property damage. Drivers must provide their name, address, and registration number to the other drivers, vehicle occupants, and police at the scene.
Drivers must also display their driver’s license upon request.
2. Call 911 and Help the Injured
In Maryland, you are obligated to render reasonable assistance to the injured, including arranging for transportation to a medical facility.
You’re also required to report the accident to authorities. Failing to report an accident can result in fines or even jail time.
Calling 911 to report the accident and tell the dispatcher if anyone might be injured can satisfy your legal obligation, if an officer arrives on the scene. If the police do not respond to investigate, you must report the accident within 15 days to the nearest police department office.
3. Seek Prompt Medical Treatment
Never refuse or delay medical attention after an accident. Your injuries might be masked by shock or an adrenaline rush from the impact of the collision. Some types of injuries, like internal bleeding or brain trauma, might not show obvious symptoms right away.
Let medics on the scene look you over. If they want to take you to the hospital, go with them. If you aren’t transported from the scene by ambulance, arrange to go to urgent care as soon as possible, preferably on the same day as the crash.
Refusing or delaying medical care is dangerous for your health and gives the insurance company an excuse to deny or minimize your claim. Your injuries must be linked to the accident to be accepted as part of your insurance claim.
Tell your medical provider about every injury and symptom, including dizziness or nausea. You’re entitled to compensation for all your injuries, not just the most obvious one. Point out every bruise, scrape, and tender spot.
4. Gather Evidence From the Scene
Maryland is a traditional fault state, meaning you can pursue compensation against the at-fault driver by filing a claim or lawsuit against them.
As with any traditional fault state, you bear the burden of proving fault. Before the other driver’s insurance company will accept your claim, you’ll have to prove the other driver caused the accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
Notify the at-fault driver’s insurance company and your own insurance company as soon as possible after a car accident.
Don’t wait to be released from your doctor’s care before putting the at-fault driver’s carrier on notice. You can expect the other driver’s company to send you a letter with a claim number and the adjuster’s contact information.
You might hear directly from the insurance adjuster with a quick offer to settle your claim. The adjuster isn’t doing you a favor. It’s a common tactic to see if you are desperate enough to take a lowball offer. It’s rarely in your best interest to settle a claim while still treating your injuries. Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a binding contract that includes a “notification and cooperation” clause. You are obligated to notify your own insurance company right away, even when the accident is not your fault. In return, your insurance company has obligations to you, including a duty to defend you against lawsuits.
You could forfeit valuable protections if you fail to promptly notify and cooperate with your insurance company. You might also run into trouble if you need to file an uninsured or underinsured motorist claim.
If you decide to hire an attorney to handle your case, your attorney will handle all communications with both insurance companies.
Serious injury claims are best handled by an experienced personal injury attorney. An attorney will explore all available insurance options, gather the evidence needed to prove your damages, and defend you against allegations of contributory negligence.
Maryland Fault and Liability Rules
Maryland is a traditional fault state, so the burden is on you to prove the other driver did something wrong or failed to do what any reasonable driver would do to avoid a crash. In other words, you have to prove they were negligent. You may also need to establish that you shared no fault for causing your injuries.
Maryland Shared Fault Rules
Maryland is a pure contributory negligence state. This outdated and harsh rule means you can be barred from any compensation if you share as little as one percent of the fault for your injuries.
Example of Pure Contributory Negligence in Maryland
Carol was driving over the speed limit along Lone Oak Drive towards the intersection with Edwards Avenue in Bethesda. Carol was in a heated argument on her cell phone as she sailed through the intersection.
Pam was also traveling on Lone Oak, approaching Edwards Avenue from the opposite direction. After stopping at the stop sign, Pam proceeded to make a left onto Edwards just as Carol entered the intersection. Both drivers were seriously injured in the collision.
Police cited Pam for making an improper left turn into oncoming traffic. The police report also had witness testimony that Carol was speeding.
After several months, Carol made a $75,000 demand to Pam’s insurance company, which was denied. The insurance company denied the claim based on “contributory negligence” because Carol was speeding.
Carol sued. At trial, Pam’s defense team (provided by her insurance company) presented witness testimony of Carol speeding, and copies of her cell phone records showing she was on the phone when the accident occurred.
The jury found Pam 70 percent to blame for the crash, because she made a turn into oncoming traffic. However, the jury found Carol to be 30 percent at fault for speeding and being distracted by her phone call.
Based on Maryland’s contributory fault laws, Carol was barred from compensation. She went home empty-handed.
Maryland Car Accident Compensation
The average settlement for a moderate car accident claim in Maryland is $16,452, with average payouts ranging from $4,518 for minor injuries to $210,545 for severe injuries.
Injury settlements in Maryland can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Baltimore County, Wimmer v. Yancey, 24-C-07-006538, the jury awarded $390 for medical bills and lost wages from soft-tissue neck and back injuries.
- In Montgomery County, Bardsley v. Barwood, 252031-V, the court awarded $1,000,000 for vertebral injuries that required surgical fusion. The award was to be paid by the at-fault driver and the victim’s underinsured insurer.
Use our free Maryland Personal Injury Calculator to estimate the value of a minor to moderate claim.
Factors that impact Maryland car accident compensation include:
- Injury severity
- Shared negligence
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like taxicabs, delivery trucks, and tractor-trailers carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Maryland State Minimum Insurance Requirements
Vehicle owners must carry insurance liability limits of at least $30,000 per person/$60,000 per accident for bodily injury, and $15,000 for property damage.
Maryland vehicle owners are also required to carry uninsured motorist (UM) and underinsured motorist (UIM) coverage equal to the policy’s liability limits, or at least equal to the state minimum for liability coverage.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding your economic damages, like medical bills, out-of-pocket expenses, and lost wages, then adding one to three times that amount to account for your non-economic damages, also known as pain and suffering.
The amount the adjuster will pay for non-economic damages depends on how much your injuries interfered with your life after the accident. A multiple of one is reasonable for a few days on the couch with a heating pad on a sore back. A multiple of two or three is justified for a broken collar bone that kept you from caring for your baby or dressing yourself without assistance for three months.
Serious injury claims should be handled by an attorney for the best outcome, including fair compensation for your past and future medical expenses, lost income, pain and suffering, and residual disability.
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