Is Maryland Considered a “No-Fault” State for Auto and Trucking Accidents?

Unfortunately, No. Maryland is actually known as a “Fault” state when it comes to automobile and commercial trucking accidents. And, sadly, for many victims of serious interstate and beltway traffic collisions, chances are that recovering monetary damages to cover your medical bills and rehab expenses will be impossible, or difficult at best if the defendant can prove you were at least partially at fault.

Here in Maryland, car accident victims may be entitled to compensation from the responsible party(s) for injuries and other damages sustained in a roadway incident; however, because Maryland is a “Fault” state, the process for pursuing your claim can be a bit more complicated when compared to those states with no-fault insurance laws on the books. For this reason alone, the attorneys at Lebowitz & Mzhen, LLC, recommend that you consult with a qualified auto accident expert to fully understand rights under Maryland’s insurance statutes.

In Maryland (and the handful of other states with similar car insurance laws) the state’s fault-based insurance system determines who will compensate the victim for his or her loses following a traffic accident. Unlike that of no-fault insurance states, where the actual fault of one or both drivers is inconsequential, here in Maryland an injured party is not required to exhaust his or her own insurance coverage before pursuing further remedy from the driver whose actions caused the accident.

In Maryland, if you are injured in a traffic wreck, you have three separate options:

• File a claim with your own car insurance carrier
• Sue the other driver directly for monetary compensation for your medical bills
• Pursue the other driver’s insurance company for damages

Generally, most car accident victims choose the latter option when seeking financial compensation. This is usually the case because rarely would anyone seek compensation from their own insurance carrier for a traffic collision they did not cause. The second option — that of attempting to sue the at-fault driver — will typically result in the responsible driver’s own insurance company paying for any monetary compensation (this should be obvious, since it is one of the main reasons why drivers carry car insurance in the first place).

If you or a family member has been hurt in a Maryland car, truck or motorcycle accident, please feel free to contact the law offices of Lebowitz & Mzhen, LLC. Our legal staff is ready, willing and able to assist you with your auto accident injury case.