If you are involved in a car accident in Baltimore, it is important to understand car insurance requirements for Maryland drivers. Understanding no-fault vs. at-fault insurance helps you know what to do after a car accident to recover compensation for damages.
What Is the Difference Between No-Fault and At-Fault Insurance Coverage?
No-fault insurance is an automobile insurance policy that pays benefits to the insured and covered individuals regardless of who caused the accident. It is commonly referred to as PIP (Personal Injury Protection) coverage.
If you have PIP insurance and get into an accident, you will file a claim with your insurance company. You will receive benefits if you caused the accident and/or the other driver is at fault. You don’t have to prove either of you caused the accident to recover no-fault insurance benefits.
At-fault insurance is liability insurance coverage. Liability insurance pays damages to accident victims when you cause an accident. It does not compensate you for any losses. The accident victim must prove that you caused the crash to receive a settlement from your insurance company.
Does Maryland Have No-Fault Insurance?
Maryland insurance laws require insurance companies to offer policyholders a minimum of $2,500 in PIP coverage when they purchase an automobile insurance policy. However, PIP coverage is not required in Maryland. Therefore, you can waive PIP coverage.
Maryland is an at-fault state for car accidents. When a driver causes a car crash, they can be held liable for damages. Therefore, the state requires drivers to purchase minimum amounts of liability car insurance. The minimum amount of car insurance coverage required in Maryland is:
- Bodily injury coverage of $30,000 per person
- Bodily Injury coverage per accident of $60,000
- Property damage coverage of $15,000
Additionally, drivers must have a minimum amount of uninsured motorist coverage. The amounts for uninsured motorist insurance are the same as liability insurance coverage. Uninsured motorist coverage pays you for damages if an uninsured driver or hit-and-run driver causes an accident, which results in damages and injuries for you.
Proving Fault for a Car Accident in Baltimore, MD
Since Maryland is an at-fault state, car accident victims have the burden of proving fault before they can recover damages. Most car accidents are the result of negligence. Proving negligence in a car accident case requires to have evidence establishing:
- The other driver owed you a duty of care. All drivers have a duty of care to follow traffic laws and take reasonable steps to avoid causing accidents.
- The other driver’s actions or inactions constitute a breach of duty. In other words, the driver did or did not do something they were required to do to fulfill their duty of care.
- The driver’s breach of duty was the proximate and direct cause of the car accident.
- You were injured and incurred damages because of the car accident.
Car accidents can be complicated. There may be several factors that contributed to the cause of the crash. In some instances, more than one party could be liable for damages. A Baltimore car accident attorney can help you gather evidence proving causation and fault. Evidence in a car accident case includes:
- Video of the collision from traffic cameras or other sources
- Physical evidence from the accident scene
- Statements made by the drivers or others involved in the accident
- Opinions and evidence from expert witnesses, including accident reconstructionists
- Data recovered from vehicle system recorders
- Testimony from eyewitnesses
- Photographs of the accident scene
The burden of proof for economic and non-economic damages is by a preponderance of the evidence. That means you must convince a jury that there is more than a 50% chance that the other driver caused the accident.
Does Contributory Fault Impact an At-Fault Insurance Claim in Maryland?
Maryland has a strict contributory negligence standard for personal injury cases. According to the law, if you contribute in any way to the cause of your damages, you are barred from recovery.
What does that mean for you in a car accident case? If the other driver can prove that you are even 1% responsible for causing the accident, you cannot recover any money for your damages.
What Damages Are Available for a Car Accident Case in Maryland?
Maryland car accident claims include economic and non-economic damages. Damages in a car accident case include:
- Past and future medical bills
- Property damage
- Lost wages and benefits
- Out-of-pocket expenses
- Decreased earning capacity
- Loss of enjoyment of life and quality of life
- Pain and suffering
- Impairments and disabilities
- Scarring and disfigurement
- Emotional distress and mental anguish
The money you receive for car accident damages depends on your injuries and other factors. A Baltimore car accident lawyer can evaluate your case to determine how much your claim is worth.
Do You Have Questions About a Car Accident or Insurance Claim?
If you’ve been in a crash and are wondering about your options for recovering compensation, you should consult a Baltimore car accident lawyer. You may have rights under one or more insurance policies. You may also have the right to file a personal injury lawsuit against the at-fault driver. Contact our Baltimore law firm at WGK Personal Injury Lawyers at (410) 837-2144 for a free consultation to learn more about your options.