Disclaimer: This article provides general information about Maryland law and is not legal advice. Consult a qualified attorney for advice about your situation.
Detailed Answer
When another driver injures you in Maryland, getting the at-fault party’s insurer to accept liability can speed compensation for medical bills, lost wages and pain and suffering.
1. Gather Strong Evidence
- Obtain the police crash report. The Maryland Transportation Article § 26-204 requires a report for accidents involving injury. (Transportation § 26-204)
- Take clear photos of vehicle damage, skid marks and road conditions.
- Collect witness statements, names and contact information.
- Preserve medical records and bills that document your injuries and treatment timeline.
2. File a Timely Claim
Contact the at-fault driver’s insurer promptly. Under Maryland Insurance Code § 19-509, insurers must acknowledge and investigate claims within a reasonable time. (Insurance Code § 19-509)
3. Send a Detailed Demand Letter
Outline the facts, attach key evidence and state your damages. A well-crafted demand letter shows you understand your rights under Maryland’s negligence law.
4. Follow Up and Negotiate
- Keep a record of all communications with the insurer, including dates and representative names.
- If the insurer disputes liability, submit additional evidence showing the other driver breached their duty of care under Maryland law.
5. Consider Alternative Dispute Resolution
Mediation or arbitration can resolve liability disputes faster than court. Maryland’s alternative dispute resolution procedures help avoid lengthy litigation.
6. File a Lawsuit if Necessary
If the insurer refuses liability, you may file suit. Under Maryland Courts & Judicial Proceedings § 5-101, the statute of limitations for personal injury claims is three years from the accident date. (CJP § 5-101)
Helpful Hints
- Keep all evidence organized in a folder or diary.
- Use certified mail when sending demand letters to track delivery.
- Document pain and how injuries impact daily life for non-economic damages.
- Check the at-fault driver’s policy limits early to set realistic expectations.
- Consult a Maryland personal injury attorney if you face liability challenges.