MOTOR VEHICLE LAW: MARYLAND "10 BEST" ATTORNEY

www.CharlesJeromeWare.com.  "Here to make a difference."  Charles Jerome Ware is a "Maryland BEST 10 ATTORNEY."

This blog looks at a few key Maryland laws related to car accident claims and settlements, including time limits for filing a lawsuit, and how your claim might be affected if you’re found to be partially at fault for causing the accident.

I. Time Limits for Bringing a Lawsuit in Maryland:

Maryland (and every state) has enacted laws that limit the amount of time you have to file a lawsuit after the damage that prompts it. These laws are called “statutes of limitations,” and different kinds of cases have different limits. Maryland’s relevant time limits for lawsuits that might be filed after a car accident are:

• three years for filing a personal injury lawsuit (Md. Courts & Jud. Proc. Code Ann. § 5-101)
• three years for filing a lawsuit for property damage (i.e. damage to a vehicle) (Md. Courts & Jud. Proc. Code Ann. § 5-101).

These time limits apply only to filing a lawsuit after a car accident, not to filing an insurance claim. However, when planning your strategy for an insurance claim you should factor in the statute of limitations. If negotiations break down, you’ll want to still be able to file a personal injury lawsuit in court.  A claim adjuster has little reason to negotiate with you if you have no recourse in the courts, so you should file your insurance claim as soon as possible after an accident.

You should be warned that the government has given itself certain advantages in law suits, so if your car accident involved the government in any way (a city bus rear-ended you, or the accident happened on government property, for example) you’ll be subject to a different set of rules. One of the government’s advantages is an abbreviated statute of limitations, so you have to move quickly and carefully.

II. Comparative Fault Rules in Maryland.

States have different systems for handling comparative fault -- the situation in which more than one party is at-fault for an accident. Maryland is one of the few states that still follows the fairly harsh old doctrine known, in legalese, as “contributory negligence.”  Under this system, you are completely barred from recovery if you were at all at fault -- if your carelessness contributed to the accident to any degree.
This law not only binds Maryland judges and juries in a formal lawsuit (if you get to that stage of your dispute), but will also guide an insurance claim adjuster when evaluating your case.  A claim adjuster’s strategy in often based on anticipating what is likely to happen in court.  Remember that since there is no empirical means to allocate fault, any assignment of liability will ultimately come down to your ability to negotiate with a claim adjuster or to persuade a judge or jury.
An example will help explain how Maryland’s contributory negligence rule would be applied in real life.  Let’s say that you’re in a car accident where another driver swerves into your lane and sideswipes you while you are driving a few miles over the speed limit, resulting in a collision.  After a civil trial, the jury determines that the other driver is 90% at fault, while the fact that you were speeding makes you 10% liable.  Under Maryland’s contributory negligence regime, you would be unable to recover at all.  Change those numbers to 99% and 1%, and you are still barred from getting any compensation after the accident. Maryland’s contributory negligence rule is pretty unforgiving. It requires that the other party be 100% at fault before you can recover anything.

III. Car Insurance Rules in Maryland.

Maryland laws on car insurance may also come into play after a car accident. For everything you need to know about car insurance in Maryland -- including the minimum amounts of coverage required for registered vehicles in operation in the state

[see as reference: David Goguen/law-authors/david-goguen.html]