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Maryland Car Accidents Questions & Answers
1 Answer | Asked in Personal Injury and Car Accidents for Maryland on
Q: Is there a way/anything that I can say that will help negotiate lawyer fees in personal injury case?

Even to his own account, my lawyer has done close to nothing for my case. He verbatim said, “I haven’t done sh*t for this case.” We just settled after almost 6 years for a very low amount. My case was by no means complicated. I suffered a concussion & hearing loss. I acted as the... Read more »

Uzoma Obi
Uzoma Obi answered on Nov 26, 2020

Presuming you signed a retainer agreement granting your attorney a fee equivalent to one third of the gross settlement amount recovered on your behalf, you are generally bound by the contract you signed to retain your lawyer.

Notwithstanding that you are not satisfied with the amount of...
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1 Answer | Asked in Car Accidents for Maryland on
Q: Can a lawyer put a lein on a settlement after he had been fired for not doing hes job and settling the case i did it

I had to go get medical bills, dr.reports, and contact the insurance company myself they tried for almost a year to settle case that being the insurance company but they could not get nothing from this worthless lawyer.

Mark Oakley
Mark Oakley answered on Nov 12, 2020

By statute, a lawyer has a lien for the reasonable time and costs expended on a personal injury claim. That lien will be enforceable against the insurance company, another lawyer who settles the case, and against the client who receives proceeds. The amount of the lien may be challenged. The lawyer... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: Can a estate be liable for personal injury negligence
Eric Todd Kirk
Eric Todd Kirk answered on Nov 8, 2020

Yes, or the insurance policy of the decedent, if at fault. The state would typically be liable for acts of negligence up ybtil the moment of death.

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1 Answer | Asked in Car Accidents for Maryland on
Q: Can a lawyer help me get more than acv for my totaled car if I’ve been deemed not at fault?
John Mesirow
John Mesirow answered on Oct 20, 2020

Possibly. With so much information available, determining the replacement cost for any particular vehicle is not like the old days when you would just open up the Kelley Blue Book, and adjust the value for the condition and mileage. You are entitled to an amount that would allow you to go out and... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: Hello my daughter has an FTA for an Supposed to be hit and run and was called back to the seen of the accident which

There was no accident one the drives is the Brother of the passenger that was in a conflict with the drive she left than she gets a call from the Police and the Insurance company stating it was a fraud she's in Atlanta Ga living there so now she has an FTA how can this be fixed ,thus FTA is... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Oct 2, 2020

She needs to file a motion to quash or recall that warrant , and explain these circumstances. In my experience, such motions have a better chance of success with counsel.

3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: I was hit in a car accident. Lawyer says I can only get $30K bcuz that was other driver’s policy. Is this true?

Lawyer said I should get much more money. My Car was totaled, lost consciousness, peed on myself, broke my wrist & tailbone & had surgery. I was out of work for over 6 months & had rehab for 4 months. My medical bills were way over $30K which my mother & her insurance paid. Lawyer... Read more »

Mark Oakley
Mark Oakley answered on Aug 22, 2020

Did the policy of insurance covering the vehicle you were riding in have underinsured motorists coverage that exceeds $30,000? Or were you separately insured under another policy that has such coverage? If so, you can make a claim for the excess coverage. There is a specific means for pursuing an... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: Can a homeowner file a claim with unisured motorist fund
Eric Todd Kirk
Eric Todd Kirk answered on Jul 22, 2020

A homeowner is not precluded from filing a claim with the Maryland Auto Insurance Fund. The substance of the claim would have to be a automobile accident that is covered by the Insurance article, however.

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Civil Litigation for Maryland on
Q: Can I sue a driver hitting my parked car and run off but was caught and went back to the scene?

The driver hit my parked car and ran off but was caught by our neighbor when he chased him and convinced him to go back to the scene which he did. The police arrived and found out that the driver apparently has a suspended license. Insurance company said that that most likely will happened is for... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jul 5, 2020

depending on the age of your vehicle and the extent of the property damage, you may have a civil claim against the opposing individual for diminution of your vehicles value. however, you have not provided sufficient information to comment on whether it is worthwhile to pursue such a claim.

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... Read more »

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1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

5 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Telling the short story and I am mostly trying to find out if the truck was at fault.

There are 2 traffic lanes going North bound and 2 traffic lanes going South bound with a legal turning lane to make a left (no light to make turn) . I was in a car on the passenger side waiting to cross the 2 on coming lanes of North bound traffic. There is a traffic light slightly down the road... Read more »

Tyler Young
Tyler Young answered on Jun 17, 2020

Possibly. A jury would make that determination. States have different comparative fault laws, but most states have a framework that would allow a jury to determine if the driver of the vehicle you were in has fault, or whether the truck has fault. A jury could determine either have fault or one... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: does Maryland have to pay replacement cost if a vehicle is a total loss?
Eric Todd Kirk
Eric Todd Kirk answered on May 7, 2020

You should check your policy language, but the standard measure of damage would be the fair market value of the property, not the cost to replace the property with a new model.

1 Answer | Asked in Car Accidents and Wrongful Death for Maryland on
Q: My 28 year old daughter was hit by a car (doing 50-58 miles per hour) on Jan 2, 2020 and died instantly.

She did not cross the street in a crosswalk however, the car was speeding, but did not get a ticket. This occurred in Westminster, Carroll County MD

Mark Oakley
Mark Oakley answered on Apr 25, 2020

I am so sorry for your tragic loss. You should locate a personal injury lawyer with whom you are comfortable and go over the circumstances and legal options in detail. Whenever a death occurs arising out of an automobile accident, there is often a detailed accident reconstruction report... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: My car was rear-ended, Erie Insurance won't pay for repairs. Truck driver and employer agree they at fault. What to do?

Hello, My car was rear ended by a trash hauling truck insured by Erie insurance. The Driver of the truck and their employer agreed they were at fault but Erie Insurance refused to pay damages, claiming they did not have sufficient evidence to pay, and suggested I call my insurance company. I have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 24, 2020

Sounds like you will need to sue the driver and employer. If anyone was hurt, you should consult with an experienced personal injury attorney. Best of luck.

1 Answer | Asked in Car Accidents for Maryland on
Q: Can a police take your car for having crack in the windshield
Tim Akpinar
Tim Akpinar answered on Mar 25, 2020

A Maryland attorney is best qualified to answer your question, but your post remains open for four weeks. As a general matter, if an officer determines that a vehicle poses a threat to its occupants' safety or the safety of other motorists, they probably could. It would depend on the severity... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Maryland on
Q: A police crash report was filed with MVA, by Baltimore County Police, which office should we send our dispute to?

Which MVA office would the county crash investigator send report to? Is what I meant.

John Mesirow
John Mesirow answered on Mar 23, 2020

Here's the link to get a copy of the police report:

https://www.baltimorecountymd.gov/Agencies/police/requestreports/

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2 Answers | Asked in Car Accidents for Maryland on
Q: Hi, I was involved in an accident while driving uber. I had a passenger with me. But i wasnt at fault.

So I talked to other driver’s insurance and they accepted the liability. But i didnt mention them that I was driving uber because i had no information of the passenger. But Now that passenger contacted the uber’s insurance. So i just want to know if i tell other insurance that it was a rider... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Mar 23, 2020

You should immediately contact all involved insurance companies and advise them of the correct status of your passenger.

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2 Answers | Asked in Car Accidents for Maryland on
Q: my father drove my truck was in a accident. I have full coverage he isn't on my policy but has insurance. Am I at fault?

Not sure which driver was at fault. What can I expect from my insurance company or any insurance company. Can I be sued? I'm not sure if I need to notify my insurance company. Both drivers were flown to Shock Trauma. My father needs multiple surgeries for severe broken ankle and leg and other... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Mar 10, 2020

Call your insurance company and cooperate fully. Best wishes for your father.

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2 Answers | Asked in Car Accidents for Maryland on
Q: What is the specific code or law applying to driving with the condition of sleep apnea?
Eric Todd Kirk
Eric Todd Kirk answered on Feb 15, 2020

It's difficult to fully answer this question without some additional context. Obviously driving while experiencing an episode of sleep apnea would not seem possible. Falling asleep at the wheel is not necessarily criminal or negligent, but could be. For example if someone suffered from sleep... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: My 16 yo was in accident. He received a citation for failure to stop. Should he plead guilty or not guilty in court
John Mesirow
John Mesirow answered on Jan 14, 2020

This was posted in the "Car Accidents" practice area. If you post it under "Traffic Tickets," you will probably get responses from attorneys in that practice area.

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