Most people don’t think about how the laws of their state or the area in which they’re driving affect how much compensation they can receive if they’re involved in a crash. Each state and the District of Columbia follows either a “comparative” or “contributory” negligence rule that determines how one or both parties’ fault affects that compensation.
If you have been involved in a crash, it might seem like it’s completely the other driver’s fault. However, their insurance company will likely look for something – even something minor – that you did wrong in an effort to reduce their payout.
Maryland (as well as D.C. and Virginia) follows the “contributory negligence” rule. That means if a driver is even 1% at fault for a crash while the other driver is 99% to blame, that driver with almost no fault is not entitled to receive any compensation from the other driver — for economic or non-economic damages. This is the strictest type of negligence law, and it’s the least common across the U.S.
PIP coverage can provide some compensation
The good news is that drivers whose auto insurance policy includes personal injury protection (PIP) can get some compensation through their own insurance provider. However, this coverage is likely to result in less compensation than being able to hold the other driver liable would.
Being able to provide evidence that you had no fault for a serious crash can make a big difference in how much money you can receive for medical bills, other expenses and damages. That’s why collecting as much evidence as possible immediately after the crash and getting experienced legal guidance as soon as possible to present it can make a significant difference.