When it comes to understanding your legal options in-case you had a car accident in Maryland, it is important to know the 3 state car accident rules that can considerably impact your car accident claim.
The Maryland Car Accident Statute of Limitations:
A Statute of limitations is a state decree that sets a fixed deadline on your right to bring your lawsuit to court. Moreover, in Maryland there is 2 statute of limitations that can come into play after you had a car accident and they are:
- The state of Maryland as all states applies a statute of limitations, this is covered in the Maryland Courts and Judicial proceedings Code section 5-101 that states a car accident lawsuit must be filed before a 3 year deadline that is in effect from the day of the accident.
To clarify, this is just the official way of telling an individual that they have 3 years to get their original complaint to filed at the Maryland court of law. Moreover, it also informs them that the time for the deadline begins exactly from the day that the accident happened.
- In the sever case that the car accident caused a death, a representative for the departed or the deceased’s family also have a 3 year deadline to file the lawsuit however the deadline begins from the minute the victim`s death occurs which in some cases can be after the accident happened.
Moreover, the statute of limitations does not cover claims to car insurance companies. These companies require to be informed of a car accident within a practical time frame after your car accident has happened, this time frame can be from a few days to a couple of weeks at the most.
It is important to keep in mind that in-case you file a car accident lawsuit after the deadline, there is a great probability that your case will be dismissed especially if the person you are suing shows that discrepancy in the lawsuit, (the court will only deny the claim if there are some rare exceptions of extending the deadline). Therefore even if you are confident that your case will be set through the car insurance claims, always keep plenty of time to file your case even if it’s just to have influence over the offender during the settlement talks. However, if the individual finds themselves facing problems on filing all the necessary papers before the imposed deadline, then their best option is to hire an experienced Maryland attorney.
Contributory Negligence in Maryland Car Accident Cases:
Unlike the “comparative negligence” rule that the majority of the American states use which allows the at-fault driver to be reimbursed, in Maryland it’s different because of the “contributory negligence” rule, in which if you are even are faintly to blame for causing the accident, you will not get any reparation from the other driver. Therefore not only does this rule bind the juries and judges of Maryland but it also directs a car insurance claims adjuster when they are assessing your case.
Maryland Car Insurance Requirements:
Insurance coverage plays a fundamental role in the majority of the car accidents in Maryland thus it is vital to understand Maryland`s liability car insurance conditions along with the other coverage rules that could affect your car accident case.
If you need a Q to help you with your Car Accident case in Maryland, call us at 888-437-7747. Our Maryland Car Accident Attorneys can help you. C