Jill Kolodner | June 4, 2024 | Car Accidents
You might think that since Maryland is an ‘at-fault’ car accident insurance state, there must be no such thing as a no-fault car accident. However, that’s not the case; after all, some car accidents aren’t anybody’s fault.
Examples of No-Fault Car Accidents
Below is an abbreviated list of some of the most common types of no-fault car accidents:
- “Act of God”: An “act of God” is an accident caused by a natural phenomenon such as a hailstorm or an earthquake.
- Mechanical failure: If your car malfunctions and causes an accident, it may be considered a no-fault collision, especially if the malfunction was unforeseen and unavoidable. On the other hand, you might have a product liability claim against the manufacturer.
- Single-vehicle accidents: If you are the only driver involved in an accident, it might be considered a no-fault collision, especially if it is caused by an unavoidable obstacle or road condition.
There are dozens of other ways for a no-fault car accident to occur.
Insurance Resources in a No-Fault Accident
Below is a list of insurance options you can explore in the event that you suffer losses in a no-fault accident.
Mandatory Uninsured/Underinsured Motorist Coverage
Can you classify your accident as “no-fault” because it was caused by (for example) a hit-and-run driver? Technically, no, but with valid uninsured/underinsured motorist insurance, you can still win a claim against your insurance company. Mandatory minimum coverage limits are $30,000 per person and $60,000 per accident.
Collision Coverage
Collision insurance is optional in Maryland. If you were carrying collision coverage at the time of the accident, it should cover the damage to your vehicle regardless of fault (or lack of fault) minus the amount of your deductible. Read your policy carefully because loopholes might apply.
Personal Injury Protection (Optional)
If you have personal injury protection (PIP) insurance, it can cover your medical expenses and lost wages even if nobody was at fault for the accident. Again, scan the terms of your coverage.
No Ticket Was Issued. Does That Make the Accident No-Fault?
Even if no ticket is issued for a car accident, that doesn’t mean nobody is liable. It might have been someone’s fault, or it might not have been. You need to look at the facts of the individual case to make that determination. Additionally, one of the parties might have broken a traffic law even if the police did not cite them for it. The police do not have the final say on fault for car accidents.
If the police arrived at the scene of the accident, examined it, and yet did not issue a ticket, you might face an uphill battle proving that the other party violated a traffic law. You can still try, however. You can also assert that a driver was negligent even though they didn’t specifically break any traffic laws. Driving the speed limit during an ice storm is a possible example of this.
Who Is Responsible for a Car Accident if No One Admits Fault?
How do you resolve a car accident if no one admits fault? The universal legal advice is not to admit fault after a car accident. Although admission of fault is important evidence of fault in a car accident, you can establish liability without any kind of admission.
There are many ways to do this, including, for example, obtaining cell phone provider records indicating that the driver was texting on their smartphone at the time of the accident.
Hire a Car Accident Lawyer as Soon as You Can
Because of Maryland’s contributory negligence system, Baltimore can be a lousy place to suffer a car accident. You can be sure that any insurance company will be looking for loopholes in coverage to use against you. Hiring a Baltimore personal injury lawyer can drastically improve your odds of success.
CONTACT THE BALTIMORE CAR ACCIDENT LAW FIRM OF WGK PERSONAL INJURY LAWYERS TODAY FOR HELP
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 220-2179
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
