Francis A. Pommett Domestic Violence Law Blog on Lawyers.com

Motor Vehicle Accident Liability

Monday, September 21, 2009 by Francis A. Pommett

Who is at fault?

It is not common to be confused about Maryland law covering motor vehicle insurance.

The Law and PIP

Before finding out who is at fault in your recent auto accident in Baltimore, it is helpful to understand some background on Maryland Statutory Law. When determining liability it is important to take into account what is the statute regarding Personal Injury Protection (PIP). PIP insurance implies it is no-fault insurance. Regardless of who caused the accident, it will assure financial compensation to the victim of the motor vehicle accident. This is covered in Maryland Code (Insurance) Section 19-505a. It also should be noted that there is no pure no-fault system, which means that depending on your circumstances and where you live, the no-fault system may apply differently to your case. For example in Maryland, the minimum medical, hospital, and disability benefits provided by an insurer shall include up to $2,500. If your medical expenses exceed that amount, or if you require compensation for pain and suffering, you should consult a lawyer to inquire if it would be beneficial to pursue a lawsuit.

Determining the At-Fault Party

You may have reasons to pursue a lawsuit especially if your damages exceed what insurance will give you. In finding out who is to blame in an auto accident there are two crucial components:

State Traffic Laws - Your Baltimore auto accident attorney will be able to navigate the intricacies of Maryland's no-fault law as well as identify if there were state traffic laws that may play into your lawsuit.

Police Reports - Having a police report is key in determining who was at-fault. Make sure you request a copy of the report for your case. Sometimes police reports will identify negligent behavior or if a traffic violation had caused the accident.

This article was provided by:

Nathanson & Pommett
110 E. Lexington Street, Suite 200
Baltimore, Maryland 21202
Phone: 410-685-0888

Posted at 11:43 AM

Topic: Domestic Violence