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Maryland Car Accidents Questions & Answers
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 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.

1 Answer | Asked in Car Accidents for Maryland on
Q: As a local Government business, are we required to file a police report for every incident no matter the extent.

In our company vehicle, even if a minor event where we pay for damages out of pocket, are ew required to file a police report? I would like the actual location I can find this for proof.

Tim Akpinar
Tim Akpinar answered on Feb 3, 2022

A Maryland attorney could advise best, but your question remains open for four weeks. Until you are able to discuss meaningfully with a local attorney in your state, reporting requirements for motor vehicle accidents are often governed by state agencies, such as departments of motor vehicles. These... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: An “Excluded driver” in Maryland was Driving his wife’s vehicle and hit two parked cars.

Her insurance company is refusing any responsibility of coverage because husband is an “Excluded Driver”. The issue is that he is an excluded driver because of a medical problem. Seizures. He’s been excluded for approximately ten years. He has what his Dr. Describes as “Walk about”,... Read more »

Mark Oakley
Mark Oakley answered on Jan 1, 2022

Was he charged with traffic violations? Does he want representation for that? Most traffic violations are written as strict liability which do not depend on intent of the driver, so they may be difficult to defend based on medical conditions. However, a judge may grant a "probation before... Read more »

2 Answers | Asked in Car Accidents for Maryland on
Q: If I’m caught driving without insurance out of state does that state’s laws apply or the state my car is registered?

My sister drove my car into Pennsylvania because of a family emergency (she doesn’t own a car) and ended up getting into an accident. My question is if Maryland’s laws apply or if Pennsylvania’s laws apply since the accident happened out of state.

Mark Oakley
Mark Oakley answered on Dec 31, 2021

The law of the place where the accident and traffic/criminal violation occurred is what controls. Therefore, your sister's negligence and liability for the accident and any civil damages will be governed by PA law, as well as your liability for negligently entrusting your vehicle to her if... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: Was making a u turn in a 35 mile an hour zone in a residential are, another driver was going well above the speed limit

Other driver slammed into me and totaled both of our cars. I’m now getting a damaged claim. Am I able to fight the claim?

Mark Oakley
Mark Oakley answered on Nov 1, 2021

A agree with Mr. Kirk. When you are making a u-turn, and you turn into the pathway of oncoming traffic, you are the one who fails to yield the right-of-way. To prevail in court, you would have to prove that excessive speed, and excessive speed alone, of the other vehicle caused the accident, and... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 22, 2021

It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to... Read more »

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1 Answer | Asked in Car Accidents for Maryland on
Q: how do I get an insurance company to offer more for bodily injury
Mark Oakley
Mark Oakley answered on Jun 8, 2021

Many things come to mind, all pure speculation of course since you provide zero factual basis to support an answer, but I would start with hiring a lawyer if the case has any merit, since insurance adjusters give little weight to self-represented claimants and are likely to low-ball you.... Read more »

1 Answer | Asked in Car Accidents and Insurance Bad Faith for Maryland on
Q: How do I get an auto finance company to comply with requests from a GAP insurance company to settle an accident claim?

Auto finance company has consistently failed to provide all necessary documents needed by the GAP insurance company to settle a claim and pay off the balance on the car note. I am being billed for payments for a car that was declared totaled in an accident by my insurance company. This has gone on... Read more »

Michael Wilson McGraw
Michael Wilson McGraw answered on Feb 15, 2021

You should speak with an attorney. The auto finance company may be having some internal issues that you do not know about. Additionally, because you're paying on a vehicle that is totaled, the finance company is causing you to incur economic damages which you may be able to recover.

2 Answers | Asked in Insurance Defense, Personal Injury and Car Accidents for Maryland on
Q: Backing up in Safeway parking lot parkvale md in Baltimore. Is it no fault Insurance or I pay

Was in the public parking lot as I backed out a parking space I hit the side of an on coming car. The question is am I liable to fix the other persons car or is Baltimore me a no fault state if the accident happen on a parking lot of a store

Eric Todd Kirk
Eric Todd Kirk answered on Jan 3, 2021

it's not clear from the context of your question but it certainly could be both. If there were injuries be at fault party's liability insurance would clearly be responsible for any losses, and the no fault carrier would be responsible for any resulting medical bills or lost wages.

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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...
Read more »

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.

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