The moments after a car accident are often filled with stress, confusion, and uncertainty. Your adrenaline is pumping, and it’s difficult to think clearly. However, the actions you take immediately following a collision are critical for protecting your health, your financial well-being, and your legal rights.
Understanding what to do after a car accident can make a significant difference in the outcome of your insurance claim and any potential legal action.
This guide provides a clear, actionable checklist for Maryland drivers. The purpose is to help you navigate the chaos, gather the necessary information, and take the correct steps to safeguard yourself.
At The Snyder Law Group, we have spent decades helping Marylanders navigate the moments after a collision. This guide is based on our extensive experience handling complex accident cases and understanding the nuances of Maryland car accident laws.
Your Immediate Post-Accident Checklist
The first thing you should do after a car crash is ensure everyone’s safety. From there, follow this step-by-step guide to protect yourself and your potential claim.
Step 1: Prioritize Safety and Health
Your immediate priority is your well-being. Check yourself and any other passengers for injuries. If anyone is hurt, your first call should be to 911 for emergency medical assistance. Do not attempt to move someone who is seriously injured unless they are in immediate danger (e.g., from a fire).
Step 2: Secure the Scene and Move to Safety
If it is safe and your car is drivable, move it to the shoulder or a nearby safe location away from traffic. This helps prevent further damage and keeps traffic flowing. If your car cannot be moved, turn on your hazard lights to warn other drivers.
Step 3: Report the Accident to the Police
According to car accident Maryland law, you must report any crash that involves injuries, death, or vehicle damage so severe that a tow truck is needed. Even for minor incidents, calling the police is a crucial step. The responding officer will create an official Maryland accident report, a vital document for your insurance company. This police report provides a neutral record of the accident scene.
Step 4: Exchange Information with the Other Driver
You are legally required to exchange information. Be polite, but stick to the facts. The essential information to collect includes:
- Full Name and Contact Information
- Insurance Company and Policy Number
- Driver’s License Number
- License Plate Number
- Make, Model, and Color of the Vehicle
Step 5: Document the Scene Thoroughly
Use your phone to document everything. This evidence is invaluable. Take photos and videos of:
- The damage to all vehicles involved.
- The entire accident scene from various angles.
- Skid marks, debris, and any relevant road signs.
- The other driver’s license plate and insurance information card.
Step 6: Be Careful What You Say
Do not admit fault or apologize. Maryland is a strict “at-fault” state. Under the rule of contributory negligence, if you are found even 1% responsible for the collision, you can be barred from recovering any compensation. Stick to the objective facts when speaking with the other driver and police.
Step 7: Talk to Witnesses
If anyone saw the accident, ask for their name and contact information. Their testimony can be crucial in proving who was responsible.
Step 8: Seek Medical Attention Promptly
You must see a doctor, even if you feel fine. Adrenaline can mask pain from serious injuries. A medical record officially documents your injuries, which is essential to determine if you have a personal injury case and to claim medical expenses.
Step 9: Notify Your Insurance Company
Report the accident to your insurance company as soon as possible, regardless of who was at fault. This initiates the claims process. If you are not at fault, you should still call your own agent or insurance company first. They can advise you on how to proceed with the other driver’s insurer.
Step 10: Contact a Maryland Car Accident Attorney
An insurance adjuster’s job is to save the company money. Before you accept any offer, contact a car accident attorney.
An experienced lawyer will handle the insurance company, protect your rights, and fight to ensure you receive fair compensation for your medical bills, lost wages, and pain and suffering. If the car accident resulted in a fatality, you may need to pursue a wrongful death claim.
Navigating the Complex Insurance Claim Process
Whose Insurance Do I Call After an Accident?
A common point of confusion is who to call first. Even if you are not at fault, you should always contact your own insurance agent or company immediately.
Your insurance policy is a contract that requires you to provide prompt notice of any accident. Your agent or insurance company will open a claim file and can advise you on the next steps, including how to interact with the at-fault driver’s insurer.
How to File a Claim and What to Expect
The process of filing a claim begins with that first call. You will need to provide the detailed information you gathered at the scene. From there, the claims process unfolds in several stages:
- Claim Assignment: Your claim is assigned to an insurance adjuster.
- Investigation: The adjuster will investigate the crash to determine fault. This involves reviewing the police report, witness statements, and photos.
- Damage Assessment: The insurer will have an appraiser assess the vehicle damage to determine repair costs or if the car is a total loss.
- Settlement Offer: The insurance company will make a settlement offer based on their assessment of your claim’s value.
Understanding Your Insurance Policy and What It Covers
Your insurance policy dictates what you are entitled to. In Maryland, all drivers must carry liability coverage, but your policy may include other important coverages:
- Personal Injury Protection (PIP): This is a form of no-fault coverage for medical expenses and a portion of lost wages. You must submit a PIP application to access these benefits.
- Uninsured/Underinsured Motorist (UM/UIM) Coverage: This protects you in a hit-and-run accident or if the at-fault driver has insufficient coverage.
- Collision Coverage: This covers the repair costs for your own car, regardless of fault.
Dealing with Insurance Adjusters: What You Need to Know
It is critical to be cautious when speaking with any insurance adjuster, especially one from the other driver’s insurance company. The adjuster’s primary role is to protect their company’s financial interests by minimizing the amount of money they pay out for car accident claims. They are trained negotiators who may use specific tactics to devalue your claim.
One common tactic is to request a recorded statement immediately after the accident. They may sound friendly, but their goal is to get you to say something that could be interpreted as an admission of partial fault. Remember, due to Maryland’s contributory negligence law, even a minor admission can jeopardize your entire claim. It is always best to decline a recorded statement until you have received legal representation.
Another tactic is the quick settlement offer. The insurance company may offer you a seemingly fair dollar amount just days after the crash. This is often an attempt to settle the claim before the full extent of your injuries and long-term medical expenses are known.
Accepting a low offer means you forfeit your right to seek further compensation, even if your condition worsens. It is always best to have an attorney handle these communications to ensure you are not taken advantage of by the insurer.
Understanding Your Compensation: What Your Claim is Worth
When you file a claim, you can seek compensation for all losses stemming from the accident. These are separated into two main categories: economic and non-economic damages. A skilled attorney will help you accurately calculate the full cost of your injuries to demand a fair settlement.
Economic Damages
These are the tangible financial losses you have incurred. This includes:
- Medical Expenses: This covers all costs related to your treatment, from the initial emergency room visit and ambulance ride to ongoing physical therapy, future surgeries, and prescription medication. Your health insurance may cover some initial costs, but the at-fault party’s insurance is ultimately responsible for these medical payments.
- Lost Wages: You can recover the income you lost while unable to work during your recovery. If your injuries prevent you from returning to your previous job, you can also claim for loss of future earning capacity.
- Property Damage: This covers the vehicle damage from the accident. Your insurance company will assess whether the car can be repaired or if it is a total loss. You are entitled to the repair costs or the actual cash value (ACV) of your vehicle at the time of the crash. If the insurer insists on using after-market parts, they must be of equal quality to the original.
Non-Economic Damages
These intangible losses compensate you for the human cost of the accident:
- Pain and Suffering: For the physical pain and emotional distress your injuries caused.
- Mental Anguish: Compensation for anxiety, depression, and PTSD resulting from the traumatic event.
Understanding Different Types of Motor Vehicle Accident Claims
While we often use the term “car accident,” it’s important to recognize that a motor vehicle collision can involve many different circumstances, each with unique legal challenges. Maryland car accident laws provide a framework for all types of injury claims, but the specifics can vary.
Standard Car Accident Claims
Most incidents are standard car accident claims involving passenger cars. The primary focus here is proving the negligence of the other driver to overcome the hurdle of contributory negligence and secure compensation for your injuries.
Commercial Vehicle and Truck Accidents
An auto accident involving a commercial truck is far more complex than a typical car crash. These cases often involve multiple liable parties, including the truck driver, the trucking company, and their insurance providers. Federal regulations and complex insurance policies require specialized legal expertise.
Motorcycle Accident Claims
Motorcyclists are incredibly vulnerable on the road and often suffer catastrophic injuries. Insurance companies frequently try to blame the rider, making these injury claims particularly contentious. An attorney’s role is to fight this bias and prove the negligence of the other driver.
Hit-and-Run Accidents
In a hit-and-run accident, you may not be able to identify the at-fault party. In these situations, the legal process involves filing a claim against your own Uninsured Motorist (UM) coverage through your insurance policy.
Understanding Key Maryland Car Accident Laws
Maryland is an “At-Fault” State
Maryland operates under a tort-based, or “at-fault,” system for car accidents. This means the driver who is legally responsible for causing the collision is also responsible for the damages.
Maryland drivers file a claim with the at-fault driver’s insurance company to recover compensation. This is different from “no-fault” states, where your own insurance policy, specifically your Personal Injury Protection (PIP) coverage, is your primary source for covering medical expenses and lost wages, regardless of who caused the accident.
The Harsh Reality of Contributory Negligence
Maryland is one of only a handful of states that still follows the strict rule of pure contributory negligence. This law is a complete bar to recovery if you are found to be even slightly at fault for an accident. If you are found 1% responsible, you cannot recover any damages from the other driver. This is why insurance adjusters will aggressively search for any evidence that you shared blame. An experienced attorney knows how to build a case that preemptively fights back against these accusations.
The Statute of Limitations: Your Time Limit to File
The statute of limitations on a car accident in Maryland is a critical deadline. In most cases, you have three years from the date of the accident to file a lawsuit for personal injury or property damage. If you fail to file your claim within this period, you will lose your right to seek compensation through the court system forever. For a wrongful death lawsuit, the clock starts on the date of the person’s death, not the date of the accident. It is crucial to contact an attorney long before this deadline approaches to ensure there is adequate time to investigate your case and file the necessary paperwork.
Frequently Asked Questions (FAQs)
What if the at-fault driver has no insurance in Maryland?
You can file a claim with your own insurance company under your Uninsured Motorist (UM) coverage.
How do I get a copy of the Maryland accident report?
You can obtain a copy from the police department that responded to the scene, usually within a few days.
How much does a car accident lawyer cost in Maryland?
Most, like The Snyder Law Group, offer legal representation on a contingency fee basis. You pay nothing unless we win your case.
Meet Your Advocate: Michael B. Snyder
Navigating a complex car accident claim requires an attorney with a proven track record of success. Michael B. Snyder, a managing member of The Snyder Law Group, is a compassionate and aggressive advocate for the injured. Focusing his practice on catastrophic injury and personal injury claims, Michael has been consistently recognized as a Maryland Super Lawyer® and is a member of the Million Dollar Advocates Forum®. He prides himself on fighting for the justice his clients deserve.
Learn more about Michael B. Snyder’s experience here.
Conclusion: Protect Yourself and Your Claim
The aftermath of a car accident is challenging, but you do not have to navigate it alone. The key takeaways are to prioritize safety, document everything meticulously, and be extremely cautious in your communications with insurance companies. Acting quickly is crucial to preserve evidence and protect your legal rights before the statute of limitations expires.
Let an experienced legal team handle the fight for the compensation you deserve while you focus on what matters most—your recovery.
If you have been injured, Contact The Snyder Law Group for a Free Consultation. Our team has the experience and resources to hold negligent parties accountable and secure the justice you deserve. Call us today at 410-THE-FIRM or visit our contact page.