How to File a Car Insurance Claim in Maryland

A car accident in Maryland can be overwhelming. Beyond the immediate shock and potential injuries, there’s the pressing task of filing a car insurance claim. At Southern Maryland Law, we’ve been assisting our community for over 60 years, ensuring our clients navigate this process smoothly and effectively.

Here’s a comprehensive guide to help you understand the dos and don’ts of filing a car insurance claim in Maryland, the necessary evidence and documentation, and how our experienced Waldorf car accident attorneys can maximize your claim.

Why Filing a Car Insurance Claim Is Important

Filing a car insurance claim in Maryland ensures that you receive compensation for damages and injuries sustained in an accident. Without a claim, you may be left paying out-of-pocket for medical bills, vehicle repairs, and lost wages. Additionally, reporting an accident is often required by law and your insurance policy. Delaying or failing to file a claim can lead to complications, including denied coverage and legal consequences.

However, you should at least talk to a Maryland personal injury attorney before filing a car insurance claim. Consultations are free, so you have nothing to lose by at least calling a lawyer to be better informed and know your options before filing a claim.

What Damages Will the Insurance Company Pay?

Your insurance company has a duty to investigate claims and compensate according to the terms of the policy. Depending on coverage, they may be responsible for:

• Vehicle repairs or replacement. Covering the costs to repair or replace your damaged vehicle.
• Medical expenses. Paying for hospital bills, rehabilitation, and ongoing medical care.
• Lost wages. Reimbursing income lost due to injuries sustained in the accident.
• Non Economic Damages. Providing compensation for pain, suffering, and emotional distress and reduced quality of life.
• Liability coverage. If you are at fault, your insurer covers damages for the other party within policy limits.

Understanding what your insurance company is responsible for can help you manage expectations and ensure you receive the compensation you are entitled to.

Who Is Liable for an Accident in Maryland?

Maryland is a fault state, meaning the driver responsible for causing the accident is also responsible for covering the damages. Typically, compensation is handled through their insurance provider. Maryland follows a pure contributory negligence rule, meaning that you may be barred from recovering compensation if you are even 1% at fault. This makes it especially important to establish clear liability. Liability can fall on:

• The other driver—if they violated traffic laws, were distracted, or acted negligently;
• Vehicle manufacturers—if a defect contributed to the accident;
• Government entities—if poor road conditions or inadequate signage played a role, or if the car was a government vehicle; and
• Employers—if the driver was working at the time of the accident.

Establishing fault is critical, and having strong evidence can help prove your case and protect your rights.

Immediate Steps After an Accident

After an accident, it’s important to act quickly and decisively. The steps you take in the first moments can impact the outcome of your insurance claim. Here’s what you need to do:

1. Ensure safety first. Prioritize medical attention for yourself and others involved. Safety is paramount.
2. Contact authorities. Maryland law requires reporting accidents that result in injury, death, or significant property damage. A police report serves as an official record, which can be crucial for your claim.
3. Gather evidence at the scene. The following types of evidence will be helpful in making an insurance claim: 
   • Photographs—capture images of vehicle damages, the accident scene, and any visible injuries;
   • Witness information—collect contact details of any bystanders who can provide an unbiased account; and
   • Other driver’s details—obtain the name, contact information, insurance details, and vehicle registration of all involved parties.

Taking these steps ensures that you have the necessary documentation when filing your insurance claim, making the process smoother and more efficient.

Dos and Don’ts When Filing a Car Insurance Claim

Filing a car insurance claim can be tricky, and making mistakes that could cost you is easy. Keep these dos and don’ts in mind:

Dos:

• Notify your insurance company promptly. Timely reporting is essential. Delays can lead to complications or even denial of your claim.
• Document all communications. Keep a record of all interactions with insurance representatives, including dates, times, and summaries of discussions.
• Follow medical advice. Adhere to treatments and keep detailed records of medical visits and expenses. This documentation supports the extent of your injuries and associated costs.
• Understand your policy. Knowing the details of your coverage can help you avoid surprises when filing a claim.
• Keep track of expenses. Retain receipts for vehicle repairs, medical bills, and other accident-related costs.

Don’ts:

• Avoid admitting fault. Refrain from making statements that could be interpreted as accepting responsibility, as fault determination is a complex process.
• Don’t settle prematurely. Initial offers may not fully cover your expenses. Understanding the full extent of your damages and consulting with an attorney before accepting any settlement is crucial.
• Don’t post on social media. Insurance companies can use your posts to dispute your claim, so refrain from discussing the accident online.

Keeping these guidelines in mind can help you prevent common pitfalls and ensure your claim is handled correctly.

When to Hire an Attorney

While we recommend obtaining a free legal consultation for any type of accident, you should especially consult an attorney if:

• The insurance company denies your claim or offers a low settlement;
• You suffered an injury, especially serious injuries requiring long-term medical care;
• Liability is disputed, and you need help proving fault;
• The accident involved multiple parties or commercial vehicles; or
• You need assistance negotiating with the insurance company.

An attorney can ensure you receive full and fair compensation while handling the legal complexities for you. In Maryland, the statute of limitations for filing a personal injury claim is generally three years from the date of the accident, so timely action is crucial to preserving your rights.

Let Southern Maryland Law Help Demystify the Car Insurance Claim Process

Filing a car insurance claim in Maryland involves meticulous attention to detail and adherence to specific procedures. At Southern Maryland Law, we’re committed to guiding you through each step, ensuring your rights are protected, and striving for the compensation you deserve. With over five decades of service in Waldorf and Lexington Park, our approachable and dedicated team stands ready to assist you in these challenging times.

Contact Southern Maryland Law today for personalized assistance and to discuss your specific case. Let us help you navigate the complexities of your car insurance claim with confidence and care.