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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
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If you operate a motor vehicle in Maryland, you’re required to maintain a certain level of liability insurance. The coverage requirement is designed to protect you and other parties from astronomical bills for medical care and property damage should a vehicle accident occur.
At a minimum, your insurance policy must include:
You may wish to have coverage amounts that are higher than the required minimums. If you cause an accident and are held liable, you could have to pay amounts that exceed your policy minimums.
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If you live in Maryland and operate a vehicle, it’s important to understand the laws on auto inspections. All vehicles in some Maryland counties are required to have periodic emissions tests. In addition, registering a vehicle — including a change of ownership — requires a safety inspection.
Drivers cover 135 million miles in Maryland every day, adding to air pollution and ground-level ozone, which contributes to smog. The state’s Vehicle Emissions Inspection Program aims to control air pollution by ensuring that vehicles run efficiently.
VEIP notifies motorists when it’s time for an emissions test, and tests are administered through the program. The emissions test is required only in certain counties, including Anne Arundel, Baltimore, Frederick, Montgomery and Prince George’s.
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Maryland is an “at-fault” state for determining who has financial liability for harm caused in a vehicle crash. Typically, the driver who authorities find legally to blame for an accident is responsible for the financial costs of injuries and other damage caused. In most cases, the insurance company of the at-fault motorist pays for the harm resulting from the accident.
But some states follow a very different system known as “no-fault.”
No-fault is a type of vehicle insurance in which harm to policyholders is covered regardless of who is to blame for an accident. In a no-fault state, harmed drivers do not need to pursue legal claims against another driver — or the driver’s insurance company — to be reimbursed for the damage caused by the at-fault driver. Currently, 12 states and the Commonwealth of Puerto Rico have no-fault insurance systems.
Laws vary among the no-fault states. Some impose a limit on the benefits a motorist’s own insurance company will pay, while others have no limit. In most no-fault states, motorists cannot make claims for damages due to personal injury, including pain and suffering, against the at-fault driver until medical bills reach a certain financial threshold or an injury is judged to be serious enough.
Under a no-fault claim, an insurer typically pays medical bills and reimbursement for some portion of lost earnings — either for the amount of the claim or up to the state’s limit, whichever is less. In some states, a no-fault insurer pays only a small portion of medical bills if the injured person has health insurance. When medical bills from an accident exceed the no-fault limit, the accident victim’s health insurance plan is expected to pay the remainder. Victims who don’t have health insurance — or benefits through a government program like Medicare or Medicaid — may be left to pay the bills on their own.
States like Maryland that have at-fault vehicle insurance are known as tort states. The majority of states fall into this category. Under an at-fault system, “at-fault” cars are considered to be responsible for any resulting harm — including injuries and other medical problems, pain and suffering, and property damage.
The financial costs of the damage are covered by the insurance policy for the at-fault vehicle. Typically, a three-year rate increase results from an at-fault claim. For a second at-fault claim in a three-year span, an insurer may not renew the liable driver’s policy.
Accident forgiveness coverage is add-on insurance that can help defray costs for motorists who are found to be at fault in accidents. The coverage allows a motorist to file one at-fault claim without an increase in the accompanying insurance premium. Not all carriers offer accident forgiveness coverage, and it may not be worth the cost for all drivers.
In most no-fault states, consumers are required to cooperate with their insurance companies in accident claims. As a result, typical rules for dealing with insurance companies are discarded. After an accident in Maryland, your attorney might advise you not to provide a recorded statement to the insurance company of the other motorist without appropriate legal counsel, for instance.
But in no-fault states, consumers may be required to provide recorded statements and even to agree to a medical exam with a doctor that the no-fault insurer selects. Failing to cooperate with a no-fault insurer can mean a canceled insurance policy.
If you’re a Maryland resident and you’ve been in an accident, it may be to your benefit that Maryland is an at-fault state. By working with a car accident attorney, you can seek compensation for your medical expenses, lost time from work, pain and suffering, and other expenses you’ve incurred due to the accident. For a free car accident consultation, please contact DuBoff & Associates, Chartered.
Updated July 2019
Whiplash is a painful neck injury that most often occurs as the result of rear-end vehicle crashes. The forceful rear impact causes the neck to move quickly back and forth, similar to a whip cracking. It is the rapid flexion and extension of the neck. It affects the neck muscles and ligaments which are extended beyond their normal range of motion. The invertebrate joints and discs can also be affected.
The injury from the sudden bending and extending of the neck is sometimes referred to as a neck strain or sprain. Soft tissue damage can result along with injuries to ligaments, discs, nerve roots, cervical muscles and inter vertebral joints. If you’ve suffered a whiplash injury as the result of a vehicle accident, it’s important to understand the symptoms, treatments and process for recovery.
If you have been involved in an automobile accident, there is almost a 30 percent chance that you have experienced whiplash on either a minor or major scale. Why is this? Because almost 30 percent of automobile accidents are rear-end collisions, according to the National Highway Transportation Safety Authority (NHTSA). It is difficult to escape from a rear-end collision without experiencing whiplash in some capacity, as it is one of the most common injuries in this type of accident.
Immediately after a vehicle accident, you may not recognize or feel symptoms from a whiplash injury. If you do not receive treatment at the scene and begin experiencing symptoms later, you should see your doctor or visit an emergency room or urgent care center as soon as you can.
Symptoms of whiplash usually develop within about a day of the injury and can include:
Less common symptoms include:
Symptoms like neck pain may be noticeable right after you’re injured in an accident, but you also can experience a delay of several days before experiencing symptoms.
Pain from whiplash can be significant, including tightness in the neck and pain when moving the head backward and forward or from one side to the other. A forceful impact that causes whiplash also can cause a concussion, so it’s important to see a doctor immediately if you experience any symptoms.
To diagnose whiplash, your doctor will thoroughly examine you and may order X-rays and other imaging tests. Your doctor likely will ask you to perform some tasks such as touching and moving your arms, neck and head to gauge your range of motion, your reflexes and strength, and the extent of pain you’re experiencing.
Although we just gave you a list of common signs and symptoms of whiplash after a car accident, we discourage you from attempting to diagnose yourself. If you are like most people, you have been scouring the Internet to determine what you should do next. Once you diagnose yourself, you may attempt to treat yourself as well, without ever speaking to a medical professional.
Most people who have suffered a whiplash injury in a vehicle accident recover within several months, but some individuals experience ongoing complications, including neck pain.
Treatment following a whiplash injury may include drugs such as muscle relaxers, painkillers, nonsteroidal anti-inflammatory medications and antidepressants. In addition, some victims must wear a cervical collar for several weeks. Heat also may be used to help relieve tension in the muscles.
In some cases, icing the tender areas helps to relieve swelling and pain, and other therapies like massage and ultrasound may provide some relief as well. Follow your doctor’s recommendations for treating your specific symptoms.
Although most whiplash sufferers recover within a few months, the effects can be long-lasting and profound for those who do not. For some people, the pain can last for months or even years after a vehicle accident. Predicting a long-term outcome is difficult, but it may be more likely that you’ll suffer from chronic pain if your initial symptoms included severe pain or pain that began quickly, headaches and pain radiating into your arms.
Your recovery period for whiplash after a vehicle accident will depend on the severity of your injuries. After your acute symptoms have resolved, your doctor may recommend that you begin rehabilitation to strengthen your neck muscles and improve flexibility.
Rehabilitation can help you recover and lower the chances that you’ll injure your neck again. Don’t begin a rehabilitation or exercise program without advice from your doctor. It’s important not to rush your recovery, and you need to allow time for thorough healing before participating in sports and other strenuous activities.
In general, you should not attempt to return to your previous activity level until:
Jurors oftentimes see whiplash injuries as minor and insignificant, and they are not easily persuaded that they merit significant compensation. In fact, it can be very difficult to prove that a whiplash injury even exists. Insurance companies know this and will fight these injuries with a vengeance. You need a compassionate and aggressive advocate to fight for you against the odds.
These injuries often cannot be seen, which is why it is much harder to prove their existence. Imaging, such as MRIs, CTs, or x-rays, often reveal “normal” conditions within the affected area. Therefore, a victim often has to rely on much more subjective proof, such as his or her complaints of pain. However, a treating physician may be able to diagnose injuries that don’t show up in medical imaging, which is why it’s critical that you seek medical attention no matter what.
An experienced personal injury attorney will work diligently to uncover any and all existing evidence that could be used to prove that your whiplash injuries are real and serious injuries. Once all evidence has been gathered, it again takes a lawyer to present the evidence in a way that clearly explains how the injury was sustained and emphasizes how painful these injuries can be. No matter what anyone thinks, these are NOT minor or insignificant injuries and they should NOT be treated as such.
If you’ve experienced a whiplash injury in a vehicle accident, you may be entitled to compensation including your medical bills, lost time from work, and pain and suffering. To ensure that your rights are protected and that you receive the compensation to which you’re entitled for your injuries, work with an experienced personal injury attorney. Contact DuBoff & Associates, Chartered, for a free consultation.
Although mopeds may seem to bear more similarities to bicycles than to cars, in Maryland they are considered full-fledged motor vehicles that must have a proper title and insurance. If you ride a moped in the state, you’re required to have a valid driver’s license or moped operator’s permit, and the law requires that you wear a helmet.
State law defines a moped as different from a bicycle in the following ways: