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Maryland Car Accidents Questions & Answers
2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Scott Scherr
Scott Scherr
answered on Sep 3, 2023

Most people are taken into custody at the scene if they are suspected of a DUI. In some cases, the police officer or hospital takes blood from the suspect who is charged once the results come back. If you have concerns, you should speak to a lawyer in a confidential setting. If the police did not... View More

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2 Answers | Asked in Car Accidents and DUI / DWI for Maryland on
Q: How long after an alcohol related accident can a person be arrested in MD?

No other people or cars were involved. It was in a parking lot.

Terrence M. Nolan
Terrence M. Nolan
answered on Sep 4, 2023

Hello:

I am on vacation and have no books to look this up, however, the state has one (1) year to bring charges for assault and battery and I believe if an officer filed DUI charges in less than a year a Motion to Dismiss on that basis would fail. Now, the State clearly has problems of...
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2 Answers | Asked in Contracts, Personal Injury and Car Accidents for Maryland on
Q: Form requires indemnification for a car accidents

My sister is disabled and lives in Maryland. A new agency will to be providing services to her, namely getting her "out in the community" by driving her to, and helping her participate in, activities outside of the home. The staff member would be driving her in their own car and is... View More

Mark Oakley
Mark Oakley
answered on Jul 6, 2023

Liability waivers are, in general, enforceable, with some limitations that require a lawsuit and fact finding by a judge or jury to sort out--which is not what you want. A party cannot enforce a liability waiver to release them from liability for "gross" negligence or reckless behavior,... View More

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4 Answers | Asked in Car Accidents for Maryland on
Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance... View More

Tim Akpinar
Tim Akpinar
answered on Jun 25, 2023

The insurance company found you liable? Did you have someone else look at the details of the accident? It isn't uncommon for one side to disagree with the other as to fault in an accident. Aside from the good points raised here by the other attorneys who responded, you may want to have someone... View More

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4 Answers | Asked in Car Accidents for Maryland on
Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance... View More

Mark Oakley
Mark Oakley
answered on Jun 23, 2023

First, you cannot be found liable for causing the accident on account of your brother's insurance company denying coverage for you. That has nothing to do with liability for the accident.

Second, the only way you can be held responsible for causing the accident is if the other driver...
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4 Answers | Asked in Car Accidents for Maryland on
Q: Can anything be done after an insurance company finds you liable for an accident?

I was found liable for a car accident only because I was not on my brothers insurance at the time I was driving his car, I was 21 and I had no vehicle. The other party was turning in the intersection and I was going straight through, they hit me on the side and blamed me. My brothers insurance... View More

Scott Scherr
Scott Scherr
answered on Jun 20, 2023

If you were a resident relative of your brother's household and your brother did not list you on the policy, then his insurance company can deny coverage. If you were going straight and the other driver was turning left in front of you, you have a defense if you are sued. You could retain... View 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... View 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... View 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... View 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,... View 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... View 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... View 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... View 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... View 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
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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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... View 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
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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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... View 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... View 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... View 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... View 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.

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