What to Do if Someone Sues You for a Car Accident in Maryland

You’re driving home from work on a rainy evening in Baltimore City. Traffic is heavy, and as you approach a red light, the car in front of you stops abruptly. Although you quickly slam on your brakes, you can’t avoid rear-ending them. After the accident, you provide the at-fault driver with your information, take a few photos, and think everything is handled.

Weeks later, you’re served with legal documents, which turn out to be a personal injury lawsuit from the other driver. They’re claiming you caused serious physical injuries and damages, although they initially stated they were only shaken up and their car didn’t seem to be in bad shape. You start to worry about what this lawsuit could mean for your insurance coverage and your financial situation.

This scenario is more common than you might think, and if you find yourself in a similar position, it’s important to act fast and take steps to protect yourself. In this article, the legal team at DuBoff & Associates explains what you need to know.

Negligence and Liability in Car Accident Lawsuits

Negligence is at the heart of most auto accident lawsuits. In simple terms, negligence happens when an at-fault driver fails to exercise reasonable care, resulting in harm to others. Many states observe a comparative negligence standard, where a plaintiff’s compensation can be lowered according to their percentage of fault, but Maryland applies a particularly strict legal standard called the contributory fault rule. Under this rule, if you’re found to be even 1% at fault, you could be barred from recovering damages in a personal injury claim.

In lawsuits like these, the plaintiff may seek economic and non-economic damages for things like:

• Medical Bills: This financial compensation includes immediate and ongoing medical care costs and medical expenses, such as surgery, hospital care, prescription medication, and more. Medical records are necessary for proving these damages.
• Lost Wages: Maryland law allows you to seek financial compensation for time missed from work due to accident-related injuries.
• Property Damage: This covers repairs or replacement of their vehicle.
• Pain and Suffering: These auto accident claims are related to physical pain, emotional distress, mental anguish, and/or reduced quality of life caused by the collision.

Understanding how liability and damages are calculated in Maryland can help you prepare for what’s ahead.

What Are the Consequences of a Car Accident?

If you’re sued, here are some potential consequences you might face:

• Increased Insurance Premiums: A successful insurance claim or finding of fault could lead to higher rates.
• Personal Financial Responsibility: If the damages exceed your insurance coverage, you could be held liable for the difference, which might mean dipping into savings or other assets.
• Legal Fees and Court Costs: While your auto insurance policy may cover some of these expenses, they might not cover everything, especially if you hire private legal counsel.
• Damage to Your Reputation: Depending on the severity of the case, legal disputes can take a personal and professional toll.

What to Do if You’re Sued

When you’re served with a lawsuit, the actions you take early on will set the foundation for how the case unfolds. Here are the most important steps to follow.

Remain Calm and Avoid Admitting Fault

Getting sued can stir up panic, frustration, or even anger, but keeping your composure is critical. Responding emotionally (whether to the plaintiff, the court, or even your own insurance carrier) can lead to poor decisions that hurt your case.

Avoid admitting fault, even casually. For example, never say something like, “I didn’t see the car coming” or “It was an accident, but I’m sorry.” These statements, no matter how innocent they seem, could be used to portray you as the at-fault party. Instead, stick to the facts and let the legal process determine what happened.

Review the Legal Documents Carefully

When you’re served, you’ll typically receive two main documents: a complaint and a summons. The complaint details the claims being made against you, while the summons provides important deadlines for your response.

Here’s what to look for:

• Allegations: You need to understand exactly what the plaintiff is accusing you of. In other words, why are they taking legal action against you? Is it reckless driving? Negligence? Something else?
• Evidence Provided: Take note of any documentation included with the lawsuit, such as witness statements, reports by law enforcement, or photos of the accident.
• Deadlines: Missing the deadline to respond can lead to a default judgment, meaning the court automatically rules in the plaintiff’s favor.

If any part of the complaint seems unclear, make a note of it to discuss with your car accident attorney. Being thorough at this stage will help you stay ahead.

Contact Your Insurance Provider Immediately

Most auto insurance policies require you to notify your insurer as soon as possible after receiving notice of legal action. Failing to do so could have a negative impact on your coverage and potentially leave you responsible for legal fees or damages.

When speaking with your insurance company, provide them with the following:

• A copy of the legal documents you received.
• A clear and factual account of the accident.
• Any other information they request, such as law enforcement reports or photographs with evidence of property damage.

Many insurance policies include “defense coverage,” meaning the insurer will provide a car accident lawyer to represent you. This insurance company attorney may also handle settlement negotiations on your behalf. However, keep in mind that your insurance company’s primary goal is to limit their own payout, so their priorities aren’t exactly the same as yours during this challenging time.

Consult an Experienced Car Accident Lawyer

Even if your insurance adjuster provides a lawyer, it’s often in your best interest to seek independent legal advice. Here’s how an experienced attorney can help:

• Evaluate the Case: They’ll review the evidence and provide an honest assessment of the plaintiff’s automobile accident claims.
• Prepare a Defense: A personal injury attorney can identify weaknesses in the plaintiff’s case ( i.e. no evidence of negligence) and build a strong defense with expert witnesses and exculpatory evidence.
• Negotiate Settlements: If settling out of court (thereby avoiding a jury trial) is the best option, a knowledgeable car accident lawyer can ensure you’re not agreeing to unfavorable terms.
• Protect You Beyond Insurance: If the plaintiff is seeking maximum compensation and damages exceed your insurance company policy limits, your personal injury lawyer can recommend ways to help you protect your personal assets.

Why Timing Matters

Time is not on your side when you’re sued for a car accident. Maryland courts have strict deadlines, and insurance companies expect prompt reporting of accident claims. Acting quickly ensures you have more options and helps prevent unnecessary complications.

Contact DuBoff & Associates for Experienced Legal Guidance

If you’re facing a car accident lawsuit in Maryland, don’t leave anything to chance. At DuBoff & Associates, we understand the stress and uncertainty that come with legal claims, and we’re here to help you address them. Our experienced lawyers will review your situation, help you understand your options, and fight for the best possible resolution, whether that means negotiating a settlement or taking the case to court. Contact our law firm today for a free initial consultation.