Disclaimer: This article is for educational purposes only. It does not constitute legal advice.
Detailed Answer
After a collision in Maryland, you can pursue payment for vehicle damage independently of any bodily injury claim. Follow these steps to protect your rights and comply with state law:
- Report the Accident to Law Enforcement
Maryland law requires you to report crashes that cause property damage exceeding $1,000. Call 911 or your local police. Obtain the report number and officer’s name. A police report establishes key facts and can support your property claim. - Document Vehicle Damage
Take clear photos of all damage angles. Note the date, time, location, and conditions (e.g., weather, road). Secure repair estimates from at least two licensed auto shops. Keep all invoices and written estimates. - Notify Your Insurer Promptly
Submit a property damage claim under your liability or collision coverage. Under Maryland Insurance Code § 19-502, insurers must offer property damage liability coverage. Link: Ins. Art. § 19-502. Provide the other driver’s insurance details if available. - Send a Direct Demand to the At-Fault Driver’s Insurer
Draft a demand letter summarizing the accident, attaching the police report, photos, and repair estimates. Request payment for the full cost of repairs. Set a clear deadline (e.g., 30 days). - Review the Insurer’s Response and Negotiate
Insurers often respond with a low offer. Use your documentation to negotiate. If they underpay, demand a written explanation of any deductions. - Consider Small Claims Court
If negotiations stall, file in the District Court’s Small Claims Division. Under Maryland Courts & Judicial Proceedings § 4-401, you can sue for up to $5,000 without an attorney. Link: CJP § 4-401. The statute of limitations for property damage is three years from the accident date under CJP § 5-101: CJP § 5-101. - Enforce a Judgment
If the court awards damages and the insurer or driver still does not pay, you can record a judgment lien against their property or garnish wages. Use District Court forms to initiate enforcement.
Helpful Hints
- Keep a dedicated folder with all accident-related records.
- Request supplemental estimates if hidden damage appears after initial repairs.
- Ask for the insurer’s Internal Appeals Procedure if you disagree with the assessment.
- Attend your small claims hearing and bring original documents and photo prints.
- Consider a local attorney for complex disputes or high-value claims beyond small claims limits.