The following article covers:
- Contributory negligence and its impact on personal injury claims in Maryland.
- Liability for damages to cars and motorcycles and how they are covered by insurance.
- Diminution of value claims for cars and whether they can be made against an insurance company.
If I Was Partially At Fault For An Accident, Can I Still Win My Personal Injury Claim In Maryland? How Does Contributory Negligence Help My Case?
It would be difficult to prevail in a negligence claim in Maryland if you were partially at fault for an accident. Contributory negligence is a legal doctrine that states that a plaintiff cannot recover damages if their own negligence contributed to their injuries. Even if a plaintiff is only deemed to be one percent at fault, they cannot recover damages.
This system has been criticized for being harsh and has been the subject of attempts to change it for many years. However, it is still in place in Maryland. It is unlikely that a plaintiff who is partially at fault for an accident will be able to win a liability claim against the other party.
Who Is Going To Pay For The Damages To My Car Or Motorcycle?
The party who is liable for the accident and has insurance coverage to cover the loss is typically responsible for paying for the damages to a car or motorcycle. If it is undetermined who is at fault or if the other party does not have insurance, then the claimant may have to rely on their own insurance coverage to pay for the damages.
Will I Be Able To Get A Rental Car From The At Fault Party Insurance To The Wreck?
If the other party is at fault and responsibility is established, then the claimant is typically entitled to a rental car while their car or motorcycle is being repaired and is not available for use.
If the claimant does not utilize a rental car, they may still be able to make a loss of use claim for the days they were unable to use their vehicle. This is particularly applicable in situations where the claimant has more than one vehicle, and another one of the claimant’s vehicle is still available for use while the damaged vehicle is being repaired.
What Do I Do If My Car Is Not Worth What It Was Before The Accident?
If your car has been repaired after an accident caused by someone else, but its value is now less than it was before the collision, you may be able to file a DV claim (diminution of value or diminished value claim).
However, if you’re making the claim against your own insurance company, Maryland law doesn’t allow for a first party DV claim. Here’s what you need to know about DV claims in Maryland:
- If someone else caused the damage, you can potentially file a DV claim against their insurance company.
- If you’re making a claim through your own insurance company via UM (uninsured/underinsured motorist) coverage, you may still have a DV claim, even if the policy excludes it. The law on this is still evolving, but there are arguments in favor of the claim being allowed.
- DV claims are not new but they are becoming more significant lately due to higher values of vehicles. This area of property damage claims are not well known and the legal landscape is still developing.
If you believe you have a DV claim, it’s important to speak with a qualified attorney who can evaluate your situation and help you determine the best course of action.
Should I Go Through My Own Insurance If I Was At Fault For The Accident That Caused My Injuries?
This depends on several factors. Ideally, the other driver’s insurance will cover your damages, but you may have a PIP (personal injury protection) or Med Pay claim on your own policy that can help pay for medical expenses and lost wages. If you do, it’s recommended that you make this claim, after all, you have been paying premiums for this coverage, just in case you get into an accident.
However, there’s a larger issue at play. Many people don’t fully understand the insurance coverage they’re purchasing, which can lead to problems down the line. Insurance is often sold online or over the phone, and people may click through options or waive certain coverages without understanding the implications. This is a problem because it can leave people without adequate coverage when they need it most.
It’s crucial to understand the different types of insurance coverage available and why they’re important before making a purchase. Otherwise, you may end up paying for things you don’t need or without enough coverage when an accident occurs. For more information on FAQs About Personal Injury Claims In MD, an initial consultation is your next best step.
