If you emerge from a car accident without physical injury, you might deem yourself fortunate. However, the same may not hold true for your automobile. Damage can range considerably, from superficial scratches and indentations to substantial structural compromise or even complete wreckage. This may prompt inquiries regarding the feasibility of pursuing legal recourse against a negligent motorist. Please continue reading as we delve into essential considerations regarding such matters and how a dedicated Prince George’s County Auto Accident Lawyer can assist you in filing a claim.
Does Maryland Operate Under a No-Fault System?
Unlike most states, Maryland operates under an at-fault or fault-based system for car accidents. This means that the motorist who is legally responsible for causing the accident is liable for the resulting damages, including injuries and property damage, to the other party. Essentially, if you are injured in a car accident, you will need ot prove that the other driver was at fault to recover compensation for your losses.
The at-fault motorist’s insurance company is typically responsible for covering the victim’s injuries and property damage. Despite being an at-fault state, drivers can opt to purchase Personal Injury Protection (PIP) coverage, which can help cover medical expenses and lost wages after an accident, regardless of who was at fault. Motorists are generally required to carry a minimum of $15,000 in property damage liability coverage. It’s highly recommended that motorists carry higher limits to adequately protect themselves in the event of a serious accident.
If you possess collision coverage, you are entitled to file a claim with your insurance provider. Nevertheless, you will be responsible for the deductible. If you dispute the insurer’s damage assessment or the proposed settlement, negotiation is an option. If an agreement cannot be reached, legal action may be pursued to recover damages. In Maryland, a three-year statute of limitations typically applies to property damage lawsuits, commencing from the date of the accident.
Can I Sue for Damage to My Vehicle Even if I Wasn’t Injured?
If your vehicle was damaged due to another driver’s negligence, you can seek compensation for the repair or replacement costs. To recover compensation, you will need to demonstrate that the other driver’s negligence directly caused the accident, as well as the extent of your damages, such as the cost of repairs or the diminished value of your vehicle.
In the unfortunate event that the cost of repairs exceeds the value of your vehicle, the insurance company will declare it a “total loss.” If this is the case, the insurance company will likely offer you the vehicle’s pre-accident value. If you cannot settle with the insurance company, you can file a lawsuit for property damages.
It’s important to note that Maryland also follows contributory negligence, meaning that if the victim is even slightly at fault for the accident, they will face the absolute bar of recovery.
If you are facing significant property damage after a collision, it’s in your best interest to consult with an attorney at McCarthy, Winkelman, & Mester, L.L.P. to determine the best course of action. Connect with our firm today for guidance and skilled representation.
