A car accident in Maryland can leave you dealing with more than vehicle damage and unexpected expenses. You may also have medical bills, missed work, and an insurance claim to sort out. The stress can worsen if a mistake after the crash hurts your chances of receiving fair compensation.
From giving the wrong statement to an insurer to missing a filing deadline, certain missteps can cost you money when you need it most. Knowing what steps to take after an accident and what to avoid can help protect your claim and prevent an already difficult situation from becoming an even bigger financial setback.
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- Misconceptions Surrounding Contributory Negligence
- The Harm of Providing Statements to Insurers
- Waiting To Receive or Opting Out of Medical Care
- Failing To Use Available PIP Benefits
- Accepting the Insurance Company’s First Settlement Offer
- Oversharing on Social Media
- Waiting Too Long to Hire an Attorney
- Contact Our Experienced Attorneys for Help With Your Claim
Misconceptions Surrounding Contributory Negligence
Of the 50 states, 45 use a comparative negligence system, which generally makes it easier to secure compensation. Maryland residents might easily assume their state operates in the same or a similar manner.
However, Maryland is among only three other states that use a strict pure contributory negligence law for personal injury cases. Under this system, an injured person found to be even 1% at fault for an accident cannot recover financial compensation from the other party.
This makes it incredibly tricky to navigate a car accident claim. You must avoid any mistakes that could place even a small amount of liability on yourself. Even sharing partial fault risks your ability to recover altogether.
The Harm of Providing Statements to Insurers
It can be extremely harmful to your case to provide any recorded statements to the insurance company. Agreeing to a phone call with an adjuster or giving information at the accident scene to the at-fault driver can potentially jeopardize your right to compensation.
While you should always provide the police with the proper information surrounding the accident so they can file an official report, insurance entities can take a simple statement that you make and weaponize it to devalue your claim. Instead, speak with your attorney first before providing any information to the insurers. Allow your legal representative to speak with an insurer and negotiate on your behalf.
Get on the road to recovery with competent legal representation and high-quality medical professionals. Contact our Maryland personal injury lawyer today.
Waiting To Receive or Opting Out of Medical Care
Putting off medical care after a Maryland car accident can give the insurance company an opening to question your claim. Insurers may point to gaps in treatment or the type of care you received and argue that your injuries are not as serious as you claim.
They may also claim that your symptoms came from a pre-existing condition or another event rather than the crash. These arguments can make it harder to recover money for medical bills and other accident-related losses, potentially costing you thousands in compensation.
Failing To Use Available PIP Benefits
Waiving PIP, or Personal Injury Protection coverage, to save a little on your insurance premium can leave you with fewer options after an accident. If you have PIP coverage, failing to file a claim within Maryland’s one-year deadline can also cost you access to those benefits. Even when the savings on your premium seem minor, giving up PIP or missing the filing deadline could mean paying more of your medical expenses out of pocket.
Accepting the Insurance Company’s First Settlement Offer
Non-economic damages are designed to cover your pain, suffering, and mental anguish. You are entitled to recover non-econcomic damages after a Maryland car accident.
However, non-economic losses aren’t always easy to calculate. Instead, these losses are often calculated using specific formulas related to your economic losses.
Additionally, your lawyer can prove non-economic damages through the testimony of medical or economic experts.
Accepting the Insurance Company’s First Settlement Offer
You may be tempted to accept a quick payment from the insurance company just to put the accident behind you. However, an early settlement may not account for future medical treatment, lost income, or other losses that become clear later.
Insurers also use the stress of an accident to push for a fast, low settlement. Once you accept a settlement and sign a release, you generally cannot go back and ask for more money if your injuries worsen or additional costs arise.
Oversharing on Social Media
Posting the details of your accident on Facebook, Instagram, or any other social media platform can seriously harm your case, even if your accounts are set to private, and you believe only close friends and family will see your posts. Oversharing can easily lead to an accidental admission of fault.
Your social media activity can harm your case in other ways too. Defense attorneys may point to your photos, videos, or comments to show you are participating in physical activities and argue that your injuries are less serious than you reported. A seemingly harmless post could then be used to question your need for treatment and reduce the amount the insurer is willing to pay.
Waiting Too Long to Hire an Attorney
Waiting too long to get legal help can hurt your case. An attorney plays an important role in collecting evidence and filing your claim properly. By waiting too long to hire legal support, evidence can disappear. The memories of witnesses can fade. You could also easily miss important deadlines for filing a claim or lawsuit.
Similarly, without legal representation, you have to handle all of the conversations with insurers on your own. As a result, you could make statements that jeopardize your ability to recover. Additionally, you risk accepting a low-ball offer that limits your ability to recover what you are owed. In some cases, these mistakes can leave you with little or no compensation for your injuries and losses.
Contact Our Experienced Attorneys for Help With Your Claim
The choices you make after a Maryland car accident can affect your ability to recover compensation. Seeking medical care, avoiding social media posts, and being cautious when communicating with insurers can help protect your claim while you determine what to do next.
If you have been injured in a collision, Maryland car accident lawyer Adam Smallow and his team can review your situation and explain your legal options. Get in touch with Adam Smallow Injury Lawyers today by calling (410) 449-7900 to schedule a free initial consultation.
