Baltimore, MD asked in Car Accidents for Maryland

Q: Do I get less of a payout from insurance if my car was hit when it was parked?

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2 Lawyer Answers
Vadim A. Mzhen
Vadim A. Mzhen
PREMIUM
Answered
  • Personal Injury Lawyer
  • Owings Mills, MD
  • Licensed in Maryland

A: The amount of compensation that you are entitled to does not change based on whether your vehicle was parked or in motion at the time of the collision. With regard to property damage, you are entitled to get the amount equal to the repair cost of your vehicle. While your vehicle will be in a repair shop, you are entitled to receive a rental car. If your vehicle is a total loss, then you are entitled to receive the market value of your vehicle as of the time of the collision. If your vehicle was occupied at the time of the collision, each occupant is entitled to receive compensation for any personal injuries he or she sustained. The amount of the compensation does not in anyway depend on whether the vehicle was parked or moving at the time of the collision. The amount of the compensation is determined by the extent and severity of the injuries.

Peter N. Munsing agrees with this answer

Peter N. Munsing
Peter N. Munsing
PREMIUM
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA
  • Licensed in Maryland

A: If you were in the car and were hurt, generally you might get a tiny bit more just because liability is clear--your car stopped, other vehicle in motion, hit a stopped object=careless/ failure to avoid stationary objects.

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