Someone Trying To Sue Me For Car Accident – Under Maryland law, personal injury victims can sue accused criminals to try to recover economic and non-economic damages related to their injuries. Under Maryland Courts and Legal Proceedings § 5-101, civil actions must be brought within three years of the inciting event, unless another statute provides a different statute of limitations. If a victim waits too long to take legal action, their case can be dismissed, and virtually every other US state has similar civil law statutes. However, their specific rules and statutes of limitations may vary depending on the subject matter. If you’re wondering whether you can sue someone personally after a car accident, an attorney familiar with your state’s law can help you understand your legal options so you can take action before it’s too late.
Certain circumstances allow policyholders to take legal action against their insurance company. Pursuant to § 27-1001 of the Maryland Claims Settlement Rules and Regulations, as promulgated by the Maryland Attorney General, a party may sue for settlement of a claim based on a first-party property insurance policy or for an accident.
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Additionally, Maryland Claims Resolution Laws and Regulations § 27-304 outlines improper practices that may constitute fraud, including:
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If the insurance company is acting outside the law or outside the express terms of the insured’s contract, legal action may be necessary to collect statutory damages. In some cases, victims can hire a car accident attorney to handle their actions and negotiations, allowing them to focus on their daily lives while the attorney works to move their case through the insurance system.
Any injury to the victim caused by the negligence or malicious intent of another driver may entitle them to monetary compensation. The amount of possible settlement can vary depending on the type of suffering the victim has endured or will experience in the future. It’s also worth noting that Maryland is one of four states that uses a contributory negligence law, meaning that if a plaintiff is even one percent negligent in an accident, their right to compensation is at risk.
Adam M. How frustrating it is for a victim to ask if they can sue someone personally after a car accident. The team at Smallo’s law office knows. We can represent and provide comfort to car accident victims during this difficult time. Our legal team can investigate your case and prove liability, freeing you from a potentially confusing and time-consuming legal investigation. We can also help you sue the person responsible for the accident while you focus on your recovery.
To learn more about Maryland’s unique personal injury laws, call Adam M. Contact the team at Smallo’s Law Offices. If I am in a car accident and someone sues me, will I lose my home? Posted on April 23, 2015
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If you are involved in a car accident, there is always the possibility of a lawsuit. Below is an overview of the circumstances surrounding personal injury claims after a car accident.
If you cause an accident by driving, the other driver or his passengers can sue you. The trigger depends on whether you live in a state that requires no-fault insurance or one that doesn’t, such as a tort state. New Jersey follows a no-fault system for auto accidents.
Almost all states require that the driver carry at least a portion of the insurance. Most people have uninsured motor insurance, commonly called UIM.
Thanks to UIM coverage, the plaintiff plaintiff can receive payment directly from his own insurance company. You don’t have to file a lawsuit.
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No-fault laws and UIM insurance mean that the plaintiff’s insurance company will pay the damages, so there is no need for a trial. In fact, some of these states do not legally allow a lawsuit.
If you live in a no-fault state like New Jersey and don’t have auto insurance, you may not be able to charge at trial. This is true even if you cause an accident. Exceptions are if the claimant’s medical expenses exceed $20,000 or the injuries meet the definition of severity.
In that case, the claimant can sue you and you will have to pay damages. Also, you need to hire a lawyer. If the petitioner succeeds, judgment will be entered against him.
Most states have no-fault insurance laws. If you live in one of these tort states, you can be sued if you cause an accident and someone is injured. Your responsibility will be to:
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If you are not responsible for the car and you are sued, you will be responsible for paying these costs out of your own funds if the case is lost. If you don’t have the money, the plaintiff has several legal ways to collect the money. For example, you may agree to garnish your salary.
There are another set of circumstances that affect car accident claims. This situation is known as No Play, No Pay and is in effect in 10 states. Currently, those states are Alaska, California, Iowa, Kansas, Louisiana, Michigan, New Jersey, North Dakota, Oklahoma, and Oregon.
In these states, if you have no insurance and are injured in an accident caused by another driver, you may have limited options to get money from them for your medical expenses.
In these states, the view is that if you caused the accident, you will not receive the compensation claimed. So you have no right to apply for benefits when the situation is reversed.
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In addition to reducing the risk of lawsuits, having insurance is a legal requirement in most states. Whether you were in an accident or not, you can be fined thousands of dollars for not having insurance.
Most states will suspend you for months or even a year if you are caught without insurance. In some cases, this can lead to complete loss of license.
It is important to keep your insurance up to date. It gives you peace of mind while driving, accident or not.
Licensed to write insurance in 39 states. Be sure to talk to us about your state’s specific car accident laws. I was not at fault in the accident but my passenger still wants to sue me. What should I do?
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If you are involved in a car accident while driving in Texas but you did not cause the accident, you are not liable for injuries or property damage caused by the accident under Texas law. This also covers injuries to passengers in your vehicle.
, each driver’s insurance pays for their own injuries and car repairs, regardless of who caused the accident. But Texas A
. The at-fault driver (and their liability insurance) must pay for injuries and damages caused by the accidents they caused. Drivers who are not at fault do not have to pay.
But it is easier to sue than to answer correctly. As anyone who has experienced a legal complaint knows, a small threat can quickly turn into a large and costly harm.
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So, when someone you trust threatens to sue you, you should talk to an attorney to understand your rights and options.
Some car collisions are clear-cut, and drivers and insurance companies readily agree who was at fault. But in many places, drivers disagree about who caused the accident. There may be passengers and other witnesses who remember the accident differently. In some cases, multiple drivers are at fault.
When multiple drivers are at fault in a Texas car accident, Texas law assigns each driver a percentage of the liability.
At-fault drivers may end up sharing financial responsibility for injuries and property damage caused by accidents. This is called comparative fault (or relative responsibility).
What Happens If Someone Sues You After A Car Accident
Under Texas law, the passenger is generally not considered at fault. But the passenger can recover money from any at-fault driver in a lawsuit.
This means that if a passenger in your vehicle says you did something wrong to cause an accident, you may have to defend yourself in a lawsuit for your medical expenses. It is very difficult to manage it yourself.
It’s also important to know: If you’ve been in an accident and the car you were in was not owned by the driver, remember that Texas is a no-fault state and all drivers in Texas are required to have auto insurance. Insurance and compensation for accidents caused by them.
At & Associates, we offer a completely free consultation with an experienced Texas auto accident attorney. Call, text or
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