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"I had a tough case in the beginning but it ended wonderfully and I grossed more than I expected. I recommend each & everyone who has an accident or any other legal matters, to please call Duboff & Assoc." -Terrence Edwards.
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"I had a great experience working with Duboff & Associates through my legal case. I was involved in a car accident by a tuck tractor at no fault of mine. Mr. Duboff was such pleasant person that he guided me through the process and through by medical care." -Mohamed A..
"We are most grateful to you personally as well as your entire staff at DuBoff & Associates. Had it not been for your legal expertise, our opponents would have prevailed. The series of meetings we had–especially on Sundays to accommodate our individual schedules and our witnesses–deserve special mention." -Isaac Vodi, Riteway Driving School.
"I will not hesitate to refer them to my friends and I have done it before. Again I am very pleased for the good service they provided me. I will always come back for future incident." -Read the full testimonial.
"You have been great to work with, you are a top notch attorney in my opinion. This is my first experience and hopefully my last but I appreciate your openness, patience, and honesty in guiding me through the process. You always made me feel you were working on my behalf to get the best settlement possible." -Larry McClain.
After being in a car accident, most people check to make sure if everyone is safe, but after that people start to wonder who was at fault in the accident. Determining negligence is important for the insurance agencies to know so they can figure out who is going to be paying for what. Determining fault is not always as easy as it seems or sounds.
There are two ways car insurance works depending on what state you’re in. There is fault-based car insurance, and there is non fault-based car insurance. Most states, including Maryland, are fault-based. In a fault-based state, the negligent driver’s car insurance is who will typically be responsible for paying the car repairs, medical bills, pain and suffering, and lost wages of the other driver.
When it comes to the insurance company determining who was at fault in an accident, they will base their decision on the state’s legal definition of negligence. There are three types of negligence: comparative, modified comparative, and contributory. The State of Maryland, unfortunately, is one of the few states that follows “Pure Contributory Negligence.” This means that if you contributed in any way to the causing of the accident, you are barred from recovery. Hypothetically, if your actions contributed to 10% of the cause of the accident, and the other driver contributed to 90% of the accident, then you are not entitled to recover a single penny.
If receive an offer from the at-fault driver’s insurance agency that is lower than what you feel you deserve, then you may hire a car accident injury lawyer and file a claim against the driver and their insurance agency. To win this claim, you and your attorney must prove in court the elements of a negligence case. These are:
At the end of the day, the police report and a statement of the insurance company’s insured plays a large role in the insurance agency’s decision on who was at-fault. Gathering your own evidence and informing your insurance agency of this evidence will definitely help your case, and will play a huge role if you end up needing to take legal action.
If you, or someone you know, have been in a car accident, contact the car accident injury attorneys at DuBoff & Associates, Chartered. We are dedicated to helping you through this tough time by working hard at getting you what you deserve.