Frequently Asked Questions
Frequently asked questions
It depends. If you have an injury, you should certainly retain an attorney. Insurance companies regularly take advantage of unrepresented people and make incredibly low offers to people who are injured in car accidents. They will regularly either deny coverage or decline to inform you of coverage that you may not know that you have. We can help get you the maximum amount that you deserve when you get injured.
If your case only involves damage to your vehicle, you probably do not need to hire a lawyer. However, even a case with just property damage can get complicated and you should at least consult an attorney.
We practice in DC and Maryland, especially in Montgomery County, Prince George’s county, Howard county and Anne Arundel county. Call or text us at (301)234-HELP.
No. Most attorneys that take car accident cases will take them on a contingency basis. That means that the will take a percentage of any money recovered. Call or text us today at (301)234-HELP to get a car accident attorney to review your case. If we accept your case there is no charge unless money is recovered for you.
After an automobile accident, there are many types of damages that you can recover for. To name a few: 1) costs of medical care including procedures, surgeries, medicine, and doctor visits; 2) lost wages or money lost due to missing work; 3) pain and suffering; and 4) vehicle repair or replacement costs. What is the statute of limitations for a car accident case?
In most cases in Maryland, the statute of limitations for an auto accident case is three years. That means you have three years to file a lawsuit in court against the person at fault or the insurance company.
Call 911. If you or any other person needs an ambulance, let them know. Even if there are no injuries and all cars are driveable, it’s best to call 911 so that there’s a record of the accident. Sometimes, they won’t send police officers to scene of your car accident. Sometimes they will. Be sure to exchange insurance information and drivers license information with the other driver get a license plate number. It is also very important to take pictures of the cars and their positions and the damages to the vehicles. You won't be able to get all of this information after every car accident but get as much information as possible.
Call a lawyer as soon as you’re able to do so. This firm is here to help in those moments. Call or text us at (301)234-HELP.
Yes. Most likely Medicare or Medicaid will seek to be paid for any money that it paid for your medical care. You and your attorney are obligated to pay the government if it requests you to do so. If you don't, then there is a chance that Medicare or Medicaid could sue you for the money it spent on your medical care.
PIP insurance, or Personal Injury Protection coverage, is an optional insurance coverage in Maryland that provides medical benefits, lost wages, and related expenses if you are injured in a car accident. It is designed to cover you, your family, and your passengers regardless of who is at fault in the accident.
Insurance subrogation in a Maryland car accident case is a process where one insurance company stands in the shoes of another insurance company and seeks reimbursement for money it has paid out due to an accident. If a policyholder’s insurance company pays out a claim, they may be entitled to seek reimbursement from the at-fault party’s insurance company. This process is known as subrogation. In Maryland, subrogation is governed by statute, which sets limits on the amount of reimbursement that an insurance company can seek from another.
In this circumstance, obtain as much information on the driver and vehicle as possible. Depending on the circumstances of the accident, you may need to contact your insurance company to report the accident. Depending on who is found to be at fault, either you or the government may need to pay for the damages. If the government is at fault, you will need to file your claim with the State or municipality that owns the vehicle. There are certain deadlines that can apply in these situations so it is best to contact an experienced car accident attorney. Please do not hesitate to call us at (301)234-HELP, as we are eager to assist you in your car accident case.
At the scene of an accident, you should obtain as much information about the other driver as possible, including name, contact information, insurance information, driver's license number, license plate number, make and model of the vehicle, and any other details that could be helpful in filing a claim or determining fault. If you are able, take pictures of the cars and any damage to them. However, if you are unable to safely obtain all of this information, do not worry because our Maryland car accident attorneys can still help you obtain the person's information with as little as a license plate number. If you have questions, feel free to call (301)234-HELP.
It depends on several factors. The most important factors are your lawyer, the insurance company and any medical treatment sought. A general rule of thumb is that cases will settle in an average of six months to one year. Some will take longer. Some will also take less time. If a case is filed in court, your case will almost certainly take more time.
A rear end collision is almost always the fault of the person in the rear car. While it cannot be said that a rear end collision is never the fault of the front car, those instances are exceedingly rare. If you have questions about whether you are at fault, give me a call or text me at (301)234-HELP.
Yes, you can make an insurance claim with your car insurance company if you were in a car accident in your friend's car. However, the coverage and benefits you receive may be different than if you were in your own car. The definitive answer will be very specific to your auto insurance policy. Of course if you have any questions about the specifics of your policy, call or text us at (301)234-HELP.
If you get in a car accident in Maryland and the other driver leaves the scene, you should call the police immediately. Make sure to provide as much information as possible, such as the make and model of the other vehicle, the license plate number, and a description of the driver. You should also take pictures of the scene and any damage to your vehicle. If you have the proper uninsured motorist insurance coverage, you will likely still be able to recover money for your injuries. The Law Office of Randy Evan McDonald, LLC, is willing to assist you in filing an uninsured motorist claim. Call or text us at (301)234-HELP.
Not necessarily. The police can investigate and issue citations. Those citations can determine if a rule of the road was violated which can often times weigh heavily in determining who is at fault. However, if the police officer was not present when the accident occurred, his or her testimony about what happened in the accident is most likely inadmissible in court. If you have questions about whether a car accident is your fault, feel free to call us at (301)234-HELP.
The sometimes lengthy process of receiving medical bills and records is as frustrating for your attorney and his or her staff as it is for you. Most of the time when the process is prolonged, it is because of an unresponsive medical provider. Also, the complexity of your case may necessitate that a doctor or hospital will take longer to process the request for your bills and records. The vast majority of times, the request for bills and records is a smooth process. However, in the event that it is not, we advise patience because your lawyer and staff are doing all that they can to procure these items on your behalf.
Yes, you and/or your insurance are responsible for moving your car out of the tow yard after a not at fault accident. While some storage and towing fees are allowable and understandable, you do have mitigate your damages. Depending on the circumstances, you may be able to get reimbursement from your insurance company for the cost of the tow.
That information should be on the police report. However, the police don’t come to every accident scene and many times they don't take a report when they do come to the scene. So be sure to get pictures of the other car and the license plate. Because if the insurance information is not in the police report or there is no police report, you’ll need some information about the vehicle - either a license plate or VIN number or drivers license number - in order to do a tag trace. You'll almost certainly need a lawyer at that point. If you find yourself in this predicament, do not hesitate to call us at (301)234-HELP.
If your car insurance claim is denied after a car accident in Maryland, it’s most likely because the insurance company is contesting whether their insured is liable or at fault. If that is the case, you’ll need a lawyer to help you challenge their decision in court. Once your case is in court, you'll be able to present your claim to a judge or jury and a decision will be made as to who is liable.
Yes, you may be able to recover damages for the money that you lost while out of work due to a car accident in Maryland. It is important to speak with an experienced attorney to discuss your legal options. Feel free to call us or text us at (301)234-HELP if you have questions for our attorney about wages lost due to a car accident.
Oftentimes, the insurance company will attempt to prorate the amount of money it gives to each person. That means that they will try to compensate each injured person in accordance with the amount of damages incurred. The injured parties, however, may need to pursue legal action against the at-fault driver in order to receive full compensation for their injuries because the prorated amount usually will not cover the damages of any one injured person.
It is generally not recommended to admit fault at the scene of a car accident in Maryland. It is best to remain calm and contact the police to investigate the accident. If you believe you are at fault, it is best to wait until you have spoken to an attorney before admitting fault. If you have questions about whether you are liable, call or text our attorney at (301)234-HELP.
Yes, it is a good idea to take pictures of the damage to your car and the other car(s) after a car accident in Maryland. This will help you to document the damage and provide evidence in case you need to make an insurance claim. Many times, police will not come to the scene of an accident. Therefore, you will need proof of the accident and damages to the vehicles.
Here's what you should do after a car accident in Maryland:
1. Call the police: If anyone is injured or if there is significant damage to property, call the police right away.
2. Exchange information: After the accident, exchange your name, address, phone number, and insurance information with the other driver(s) involved.
3. Take photos: Take photos of the accident scene, including the damage to the vehicles and any injuries sustained.
4. Contact a lawyer in order to insure that you will receive maximum compensation. The lawyer will most likely contact your insurance company on your behalf
5. If a lawyer does not take your case, notify your insurance company. Call your insurance company as soon as possible to report the accident and provide them with the information you collected from the other driver(s).
By following these steps, you can help ensure that the process of filing an insurance claim and getting compensation for any damages or injuries is as smooth as possible.
The amount of time it takes to repair your car after a car accident in Maryland can vary depending on several factors, such as the extent of the damage, the availability of parts, and the workload of the repair shop.
If your car has minor damage, it may only take a few days to repair. However, if the damage is more extensive, it could take several weeks or longer to complete the repairs. Additionally, if there is a dispute with the insurance company or other parties involved in the accident, this could further delay the repair process.
It's best to consult with the repair shop that will be performing the repairs to get a better estimate of how long it will take to repair your car. They will be able to provide you with a more accurate timeframe based on the specific details of your situation.
Also, it is advisable for you to carry rental car insurance because you may be without your primary vehicle for an unknown amount of time.
Insurance companies consider several factors when making an offer to settle a car accident case. Here are some of the most important factors:
Liability: Insurance companies will consider who was at fault for the accident. If their insured driver was fully or partially responsible for the accident, they may offer a settlement to the other driver or drivers involved.
Severity of injuries: Insurance companies will consider the extent of injuries sustained by the parties involved. They will take into account the type of injury, the duration of the injury, and the impact of the injury on the claimant's quality of life.
Medical expenses: Insurance companies will review the medical bills and expenses related to the treatment of injuries sustained in the accident. This will help them determine the amount of compensation that should be offered.
Property damage: Insurance companies will also review the extent of property damage caused by the accident. This may include damage to the vehicles involved, as well as any other property that was damaged.
Insurance policy limits: Insurance companies will consider their policy limits when determining a settlement offer. If the policy limit is not sufficient to cover the full amount of damages sustained by the claimant, the insurance company may offer a settlement for the policy limit amount.
Prior claims: Insurance companies may consider the claimant's prior history of making insurance claims. If the claimant has a history of making frequent claims, this may impact the settlement offer.
Insurance Coverage: The amount of insurance coverage available to the defendant will also be considered. If there is a high policy limit, the insurance company may be more willing to settle for a higher amount.
Settlement History: The insurance company may also consider their own settlement history and the likelihood of a favorable outcome if the case goes to trial.
Negotiation Skills: The insurance company will consider the negotiation skills of the plaintiff's attorney and their willingness to negotiate a fair settlement.
Strength of Evidence: The strength of the evidence, including witness statements, police reports, and medical records, will also be considered.
State Laws: The insurance company will consider the laws of the state of Maryland, including statutes of limitations, contributory negligence, and other factors that may impact the case.
It's important to note that each case is unique, and the factors considered by insurance companies may vary depending on the specific circumstances of the accident and the parties involved. Overall, insurance companies will consider a variety of factors when making an offer to settle a car accident case. You must understand these factors and to seek the advice of a qualified attorney before accepting any settlement offer. If you have questions about your settlement, feel free to send us a text at (301)234-HELP.
Yes, insurance will cover your child's injuries if you get in a car accident in Maryland. However, the amount of coverage and the type of coverage will depend on the type of insurance policy you have. It is important to check your insurance policy to make sure that you have the right coverage to cover your child's injuries.
Yes, you can recover damages for emotional distress caused by a car accident in Maryland. However, you must be able to prove that the emotional distress was a direct result of the accident and that it was severe enough to cause significant disruption to your life. You will most likely need to see a psychiatrist or therapist in order to recover for emotional or mental damages.
In general, making a U-turn can be a risky maneuver and the driver making the U-turn will likely be considered at fault in an accident, especially if you had the right of way. However, fault in a car accident is determined on a case-by-case basis and depends on a variety of factors such as traffic laws, road conditions, speed, and other contributing factors.
In Maryland, there is a law that requires drivers to make a U-turn only when it can be done safely and without interfering with other traffic. If the other driver was making a U-turn when it was not safe to do so or did not yield to your right of way, then they will likely be found at fault for the accident.
In Maryland, the law requires drivers to stop at a yellow light, unless it is not safe to do so. If the oncoming car had a yellow light as you did, you both may be considered to be contributorily negligent and then neither of you would be able to recover from the other.
It is important to note that fault can be a complicated issue in car accidents and can depend on various factors such as the speed of both vehicles, the road conditions, and whether any other traffic laws were violated. It is always a good idea to seek the advice of an experienced attorney who can help you understand your legal rights and options. If you have any questions, please feel free to call or text our office at (301)234-HELP.
In Maryland, the police may be held liable if they were negligent in their pursuit of the fleeing vehicle, and if that negligence was a proximate cause of your injuries. Maryland courts use a balancing test to determine if the police were negligent in their pursuit. The test considers factors such as the seriousness of the crime, the danger posed by the fleeing vehicle, the speed and duration of the pursuit, and the level of traffic and pedestrian activity in the area. It is also important to remember that you must send notice to the municipality or state before suing them for negligence.
If the court finds that the police were negligent, they may be held responsible for any damages that resulted from the accident. However, it is important to note that proving police negligence in a high-speed chase case can be difficult, and it may require the assistance of an experienced personal injury attorney.
It's important to consult with an attorney who specializes in personal injury cases, as they will be able to review the specifics of your case and advise you on the best course of action. They can also help you gather evidence and navigate the legal process to ensure that you receive the compensation you deserve.
In Maryland, you may be able to recover damages for the diminished value of your car after a car accident. Diminished value refers to the difference between the value of your car before the accident and its value after it has been repaired.
To recover damages for diminished value, you will need to prove that your car has lost value as a result of the accident. This may require a professional appraisal of your vehicle both before and after the accident. You will also need to prove that the other driver was at fault for the accident.
It is important to note that the amount of damages you can recover for diminished value will depend on the specific circumstances of your case, including the age and condition of your car, the severity of the damage, and the cost of repairs. You may want to consult with a personal injury attorney in Maryland to determine the best course of action for your case.
The next step in the insurance claims process is for your lawyer to review the medical bills and other evidence related to the accident to determine the amount of your claim. Your lawyer will also negotiate with the insurance company to reach a settlement. If no agreement can be reached, a lawsuit may then be filed in court.
If the police do not come to the scene of a car accident, it is important to make sure everyone involved is safe and has received medical attention if needed. Additionally, it is important to exchange information with the other driver(s) involved in the accident, including names, contact numbers, insurance information, license plate numbers, and make and model of the vehicles involved in the accident. Additionally, if possible, it is important to take photographs of the accident scene and any damage done to the vehicles. Finally, if any witnesses of the accident are at the scene, it is important to get their contact information.
Generally speaking the answer is no. It’s highly unlikely that you could pursue any legal remedies four years after your accident. One, the statute of limitations has most likely passed and you’ll be unable to file any kind of claim if the time has passed. Two, most likely when you settled, the insurance company made you sign a release that prevents you from suing the other party.
If you are involved in a car accident in Maryland and the other driver does not have insurance or does not have enough insurance to cover your injuries, you may be able to pursue compensation through your own insurance policy.
In Maryland, most drivers have uninsured motorist (UM) coverage as part of their auto insurance policy, which can provide compensation if you are injured in an accident caused by an uninsured or underinsured driver. You may also have underinsured motorist (UIM) coverage, which can provide additional compensation if the other driver's insurance policy does not fully cover your damages.
If you have UM or UIM coverage, you can file a claim with your own insurance company to seek compensation for your injuries and other damages. Your insurance company can then pursue the other driver or their insurance company to recover the amount they paid out to you.
It is important to note that the process of seeking compensation through your own insurance policy can be complex, and the amount of compensation you may receive will depend on the specific terms of your policy. It may be helpful to consult with an experienced personal injury attorney to understand your rights and options for pursuing compensation after a car accident in Maryland. If you have any questions at all, feel free to call or text us at (301)234-HELP.
In Maryland, contributory negligence is a legal defense that can be used by the defendant in a personal injury case. Under the contributory negligence doctrine, if a plaintiff is found to have contributed in any way to the accident that caused their injuries, they may be barred from recovering any compensation.
Maryland is one of only a few states that still follow the pure contributory negligence rule, which means that if the plaintiff is found to have contributed even 1% to the accident, they may be barred from recovering damages.
However, Maryland law also recognizes the "last clear chance" doctrine, which can allow a plaintiff who was partially at fault to still recover damages. Under this doctrine, if the defendant had the last clear chance to avoid the accident but failed to do so, they may be found to be solely responsible for the plaintiff's injuries, even if the plaintiff was partially at fault.
Ultimately, the question of whether you can be found to be contributorily negligent will depend on the specific facts and circumstances of your case. It is recommended that you consult with an experienced personal injury attorney in Maryland to discuss your case and your legal options.
Do not leave the scene of the accident. Maryland law requires drivers involved in a crash to remain at the scene until they have fulfilled certain legal obligations.
Do not admit fault or make any statements that could be construed as admitting fault. Anything you say at the scene of the accident could be used against you later.
Do not refuse medical attention if you need it. Even if you feel okay at the time, some injuries may not show up until later.
Do not forget to exchange information with the other driver(s) involved, including name, address, phone number, insurance information, and license plate number.
Do not delay in reporting the accident to your insurance company. Many policies require prompt reporting of accidents.
Do not speak with the other driver's insurance company without first consulting with your own attorney.
Do not sign any documents or agreements without first consulting with an attorney.
MedPay will cover medical expenses such as hospital and doctors visits after a car accident. PIP (or personal injury protection) insurance covers medical expenses but also covers lost wages due to your inability to work after a car accident. Insurance companies must offer PIP coverage to drivers but a driver can decline to carry this coverage. Be sure to check your policy to understand the maximum coverage amounts for both MedPay and PIP.
