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Maryland Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... Read more »

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

The driver --assuming they were aware that they struck and injured the dog-- is in violation of Transportation Article 20-105 (failure to remain at scene of accident resulting in damage to unattended property--pets are deemed property under Maryland law), 20-105.1 (information required to be... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: If a driver does not notify police following an accident (hit and run), what legal options does the victim have?

I'm curious about this as it pertains to Title 20 - Vehicle Laws -- Accidents and Accident Reports; Section 20-106 - Duty on Striking Domestic Animal. My dog was hit, and the driver stopped before driving away. I called the police to file a report & create a case, but I'm wondering... Read more »

Lee Eidelberg
Lee Eidelberg
answered on Mar 22, 2023

If the responsible driver did not notify the police/law enforcement to report the incident - and you have identification information regarding the driver - the police at its option, if you report the offender, could cite the driver for violating the applicable section of the transportation code,... Read more »

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3 Answers | Asked in Personal Injury, Car Accidents and Insurance Bad Faith for Maryland on
Q: I am an out of state resident and was rearended by a NJ driver, in NJ. Their insurance tell me that I cannot get P&S?
Mark Oakley
Mark Oakley
answered on Feb 28, 2023

Do not believe what the adjuster is telling you. Contact a NJ lawyer for representation. Damages for pain and suffering are allowed in NJ; however, NJ is a comparative fault state, meaning that you must not be more than 50% at fault for the accident, and your percentage of fault will reduce your... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: I was turning right at an intersection + a truck was driving on my right, in a location marked as a city bus stop. I had

My blinker on and began to turn when the light turned green. The truck hit my car on the passenger side door. Who is at fault?

John Mesirow
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John Mesirow
answered on Jan 20, 2023

I agree with Mr. Scherr's assessment. Additionally, you may be barred from any recovery from the truck's insurer (for both property damage and any injuries you may have suffered) due to contributory negligence. You stated that the truck was "driving" and not stopped. If you... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: I was turning right at an intersection + a truck was driving on my right, in a location marked as a city bus stop. I had

My blinker on and began to turn when the light turned green. The truck hit my car on the passenger side door. Who is at fault?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

An attorney would need to review pictures of the intersection, the police report, and witness statements. In many bus only lanes, other drivers are permitted to enter the lane and turn just prior to the intersection. You can pull up pictures of the intersection using Google maps.

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1 Answer | Asked in Car Accidents for Maryland on
Q: Maryland- is it illegal for apartment complex to not give out their insurance info when their vehicle is involved?

Called the police, and got the insurance from the third parties company (contractor is hired as a third party). When asking the district manager for the insurance and they refused to give us the insurance even though his happened with their vehicle in the parking garage they supply for tenants. Is... Read more »

Scott Scherr
Scott Scherr
answered on Nov 5, 2022

Anyone involved in a motor vehicle accident must give their insurance information to the other driver. It is the other driver that has that responsibility. It sounds like you obtained the insurance information on the vehicle. If not, your insurance company can run the tag and obtain the insurance... Read more »

3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Lee Eidelberg
Lee Eidelberg
answered on Oct 24, 2022

In short, yes. If you know the identity of the driver, you can sue the responsible party within three (3) years, per Maryland's statute of limitations. If you do not know the identity of the driver and can satisfy your own insurance carrier (usually through the production of a police report... Read more »

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Eric Todd Kirk
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answered on Oct 24, 2022

You would generally have three years to file a claim with, and then sue if necessary, your insurance company for an uninsured motorist claim. There may be other claims with shorter time frames. You should consult with a lawyer in a confidential setting.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Ronald V. Miller Jr.
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Ronald V. Miller Jr.
answered on Oct 23, 2022

Generally yes. You have the same statute of limitations as you would if there was a defendant you could name. But you want to consult with a lawyer to see if the general rule matches the unique facts of your case.

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2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland on
Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?

Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2022

No. You cannot. While a carrier may consider any number of things in setting rates, I think the insured status of another involved driver would be lower on the list of factors.

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2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland on
Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?

Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.

Scott Scherr
Scott Scherr
answered on Oct 5, 2022

No, you cannot sue the police for failure to write a ticket. They have absolute discretion on whether to issue a citation. Regardless, issuing a citation does not determine fault. You can sue the other driver and your own insurance company if he is uninsured and if you win, your rates will not go... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: I was going straight and I met a vehicle park with their hazard lights on I stopped turned on my left signal and honked

And as I was overpassing then they made a left turn into my passenger side how can I win this case with insurance because of the law that MD issued when overtaking a driver

Scott Scherr
Scott Scherr
answered on Aug 16, 2022

In order to determine who is at fault for the accident, an attorney would have to review all evidence including the police report, speaking with witnesses, speaking with you, reviewing photographs of the scene and damage to the vehicles, etc. Maryland is a contributory negligence state which means... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: I am dealing with a previous accident, and its reached the point where my truck has to sit outside my house (covered).

Can i be in trouble for not having it registered or insured? I explained to the officer the situation of why its parked and covered.

Mark Oakley
Mark Oakley
answered on Jun 15, 2022

Every local jurisdiction has ordinances addressing unregistered, inoperable and abandoned vehicles. Montgomery County is no exception. It is illegal to park an unregistered or inoperable vehicle on a public street or on private property in a residential area. Upon citation, you will have 30 days... Read more »

1 Answer | Asked in Car Accidents for Maryland on
Q: question, I was hit by a uhaul truck last year on Aug 2nd. And it has not settled yet. Why is it taking so long

I was hit by a uhaul truck last year. It was the other party's fault. I've been to therapy and finished everything. My lawyer has all the drivers info but she does not want to cooperate with her insurance investigation. It's frustrating because my life has been ruined and it seems... Read more »

Joel Gary Selik
Joel Gary Selik
answered on May 30, 2023

Your attorney should answer this question for you.

It can take a long time, many months, sometimes years, to do all that is necessary to even ask for a settlement, and longer to get a settlement. And, if a lawsuit is filed, it can take years to get to trial.

3 Answers | Asked in Traffic Tickets, Car Accidents and Collections for Maryland on
Q: Can Maryland's State Highway Administration lawfully bill citizens for damage repair? Ex: guard rail.

Specifically if a citizen was found Not Guilty on a specific charge that caused repairs to be made?

Ronald V. Miller Jr.
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Ronald V. Miller Jr.
answered on Apr 25, 2023

Not guilty does not necessarily mean you were not responsible. So this question cannot be answered without knowing all of the facts. But the not guilty does not necessarily release your potential liability

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2 Answers | Asked in Traffic Tickets and Car Accidents for Maryland on
Q: Who is at fault for an accident at intersection?

If both ways have green lights and no arrows. A driver turning left from one side, another turning right from the other, so both heading to the same spot. If they collide and the driver turning right did nothing to avoid, but driver turning left didn’t yield properly, who’s at fault? Does... Read more »

Mark Oakley
Mark Oakley
answered on Feb 8, 2023

The vehicle turning left in your scenario must yield the right of way to the vehicle coming in the opposite direction and making the right turn. The vehicle making the left turn is at fault for the accident.

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1 Answer | Asked in Car Accidents for Maryland on
Q: If driving on a two-lane bridge with no median and youre in an accident, keep driving until youre off it, or pull over?

I recently saw a dashcam video where an individual was driving on a two-lane bridge (with no median or place to pull over) on the left-hand lane when a car cut them off from the right lane merging into their lane. They hit the car and swerved right, continuing to drive. Would that be a hit-and-run?... Read more »

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

The person is supposed to pull over to a safe location so as not to impede traffic and then stop. If the person does that, it is not a hit and run.

1 Answer | Asked in Car Accidents for Maryland on
Q: will my insurance be impacted if i got into an accident with a friends car

we already have everything figured out talked to the persons car that got hit and my friends car and insurance has told my friend that i’m at fault and his insurance will be penalized but now i’m wondering if mine will be even though i my personal insurance never got involved

Scott Scherr
Scott Scherr
answered on Sep 13, 2022

It could affect your rates. Insurance companies usually ask if you have had any accidents in the last three years when you renew and they may have access to the information anyway when they go to renew.

1 Answer | Asked in Car Accidents for Maryland on
Q: Can you receive a PBJ and no points if charged with unsafe lane change that results in an accident? I was driving a CMV

Video shows me doing my due diligence to ensure there wasn’t a vehicle in my blind spot . I have a CDL

Scott Scherr
Scott Scherr
answered on Feb 28, 2022

You can receive probation before judgment for a moving violation in Maryland. You need to request a trial within 30 days of the hearing and go to court. However, for CDL purposes, a PBJ can still affect your CDL since under federal law, PBJ's are the same as a conviction.

1 Answer | Asked in Car Accidents, Consumer Law and Products Liability for Maryland on
Q: Am I legally obligated to pay a repair bill to a car repair service center if they damaged my vehicle,

They had my vehicle for several months. When it was just about ready, it fell off the car lift and sustained damages totaling my vehicle. Their insurance company wrote it off as a total loss and is offering me a just and fair offer for compensation. The service center is still requesting me to... Read more »

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2022

They never returned a repaired car to you. They did not live up to their end of the contract. I would not be inclined to pay the bill. You can submit the bill to their insurer and ask them to pay it.

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