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Maryland Car Accidents Questions & Answers
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.

2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

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

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... Read more »

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1 Answer | Asked in Car Accidents and Personal Injury for Maryland on
Q: hello, i had an accident case 20 years ago, we got judgement in federal court, large sum. can it be pursuit still?

federal judge dismissed insurance company, saying that: we need to get judgement first against dealership, because they were not informed, but they were in the court. after we got the judgement, then since i didn't speak English, my own lawyer i believe made deal with all state insurance... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

Why did you wait 20 years to ask this question? I doubt there will be any bank or insurance company records, paper or electronic, left to trace what happened to the proceeds. Is the lawyer still practicing? Is he alive even? While you were entitled to a complete accounting of how the settlement... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: I hit the open passenger door of a parked car on the driver side who is at fault

Driver side was in flow of traffic

Mark Oakley
Mark Oakley answered on Dec 7, 2019

Not enough facts to answer. Probably if the door was already open as you approached, so that you could have avoided it if you were paying attention, then you’ll be at fault. If the person flung the door open right as you reached them and you had no opportunity to avoid hitting the door, then it... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: who is at fault - the driver entering an empty parking space or the adjacent parked car driver opening their car door?

The front bumper of car entering the empty parking space was hit by parked car door opening suddenly.

Mark Oakley
Mark Oakley answered on Nov 29, 2019

An argument can be made either way. Not enough facts to say if one of you is solely negligent or if both are somewhat at fault. Turn the matter over to your insurance carrier and let the insurance companies figure it out.

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1 Answer | Asked in Car Accidents, Civil Rights and Communications Law for Maryland on
Q: Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

Is it legal in MD to record, without permission/consent, the conversations occurring after an auto accident?

I read an article that cited MD 2013 Code, which explained that it was legal to record the conversations after an auto accident, citing that the law (or case law) did not deem the... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

Maryland is a two-party consent state when it comes to audio recordings: both parties must consent to the recording. There is no exceptions for auto accidents. Video recording is not covered under this law, but unless you have a way to turn off the audio recording capacity of your video device, you... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: Who is at fault? Turning into lane then car in next lane changes into same lane and collides with your car.
Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

If you were hurt contact a member of the Md. Assn for Justice--they give free consults. Much depends on how the wreck happened, so avoid giving statements over the phone until you speak with an attorney. If you don't know who to call, give me a call.

Much depends on who was where...
Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: If a vehicle has a flat tire and parks in highway lane and doesn't pull over to should and causes accident who is liable

This cause a chain accident. Vehicle A was stopped on highway, Vehicle B and C were stopped behind. Vehicle D swerved to miss the other stopped vehicles and Vehicle E hit Vehicle C.

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Likely Vehicle E as regardless of the "why" of the actions in front, all drivers have to drive in a way that allows them to stop for vehicles stopped ahead. Sounds like B & C managed to do this and D managed to swerve, and I'm not hearing why E went on and hit them. That being... Read more »

1 Answer | Asked in Traffic Tickets, DUI / DWI, Employment Law and Car Accidents for Maryland on
Q: What about the driver is drunk and also do a hit and run

Ok got into a accident and the other driver was drunk and did a hit and run

Also getting on the bus the mta driver had ear phones in his ear so he didn't follow the rules so i want to sue both of them

Peter N. Munsing
Peter N. Munsing answered on Oct 22, 2019

Contact a member of the Md. Assn for Justice. They give free consultations. Not clear if you were in a car, on the bus, or what, so I can't advise you further.

1 Answer | Asked in Car Accidents for Maryland on
Q: I was hit on the right side of my car by the driver coming from my right hit the right side of my car

The report says it happened on Acton Lane Acton Lane THATS false accident happened no acton lane and old Washington rd

John Mesirow
John Mesirow answered on Oct 2, 2019

You haven't provided enough information. For example, were you injured? If so, you should contact a personal injury lawyer to discuss your potential claim. Regarding the error in the police report, errors are not uncommon. Sometimes they matter, and sometimes they don't. The attorney you... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: Minor car wreck, police report says "charges pending". How do I find out if formal charges are ever actually filed?
Lee Eidelberg
Lee Eidelberg answered on Aug 15, 2019

Depending on the charge(s) and the jurisdiction, you could receive a notice to appear at a "preliminary inquiry," which requires one to report to a court commissioner to be formally advised of one's charges, one's right to an attorney and other pertinent information. This... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: I was involved in a property damage crash with a parked car and the police rep says "Charges Pending". What is that?
Mark Oakley
Mark Oakley answered on Aug 15, 2019

When police do not witness the crash, but are called upon to investigate the circumstances, they may decide to cite the driver with applicable violations of the traffic laws after evaluating the evidence.

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