The Unfortunate Incident
The screech of tires, the sickening thud – no one ever expects it. But for families across Maryland, the nightmare of a loved one being struck by a vehicle is a devastating reality. And when that loved one is a cherished grandmother, the emotional toll is amplified by concerns about her health, well-being, and the overwhelming process of navigating insurance claims. Imagine this: Your grandmother, a vibrant woman who walks daily for exercise and errands, is crossing the street at a marked crosswalk. A distracted driver, rushing to a meeting, fails to yield. The impact is immediate, leaving her with serious injuries.
What happens next? Beyond the urgent medical care, the family is faced with a complex and often frustrating system of insurance claims, legal procedures, and negotiations. The goal is clear: to secure a fair settlement that covers medical expenses, lost quality of life, and the pain and suffering endured by your grandmother. But achieving this outcome requires a deep understanding of Maryland’s insurance laws, a strategic approach to negotiating with insurance companies, and, in some cases, the assistance of a skilled legal professional. This article aims to guide you through this challenging process, providing information and resources to help you protect your grandmother’s rights and secure the compensation she deserves.
Let’s paint a more detailed picture. The accident occurred in a bustling area of Baltimore County, Maryland, known for its high pedestrian traffic. It was a clear afternoon, visibility was good, and the crosswalk was clearly marked. Despite these factors, the driver failed to see your grandmother until it was too late.
The immediate aftermath was chaotic. Witnesses called emergency services, and your grandmother was rushed to a nearby hospital. The diagnosis revealed a fractured hip, a concussion, and significant soft tissue damage. While physically painful, the emotional trauma ran just as deep. The accident shattered her sense of security and independence.
The accident has had a profound impact on her life. Simple tasks like getting out of bed, preparing meals, or even enjoying a walk in the park are now monumental challenges. The medical bills are mounting, and the cost of ongoing physical therapy is a constant worry. Beyond the financial burden, there’s the immeasurable cost of her diminished quality of life, her inability to participate in activities she once loved, and the emotional distress that haunts her days and nights.
Understanding Maryland Insurance Laws
Maryland operates under a fault-based insurance system. This means that the person responsible for causing the accident is also responsible for paying for the damages. In a pedestrian accident case, the driver who failed to yield the right of way is typically considered at fault. However, proving fault can sometimes be complex.
Maryland law clearly outlines the responsibilities of drivers and pedestrians. According to the Maryland Transportation Article, drivers must exercise reasonable care to avoid colliding with pedestrians. This includes yielding the right of way to pedestrians in marked crosswalks and unmarked crosswalks at intersections. It is against the law for a driver to fail to yield to a pedestrian.
In addition to fault-based coverage, Maryland also requires all drivers to carry Personal Injury Protection, or PIP, coverage. This is a type of no-fault insurance that provides benefits to the insured and their passengers, regardless of who caused the accident. PIP coverage can help pay for medical expenses, lost wages, and other related costs.
Importantly, if the driver who hit your grandmother was uninsured or underinsured, you may be able to pursue a claim under your grandmother’s own uninsured/underinsured motorist coverage. This coverage protects you when the at-fault driver lacks sufficient insurance to cover your damages.
Navigating the Insurance Claim Process
The first step in the insurance claim process is to notify the insurance company of the at-fault driver. This should be done as soon as possible after the accident. It’s essential to document everything related to the accident, including the police report, medical records, witness statements, and any photos or videos of the scene.
You’ll likely be contacted by an insurance adjuster representing the at-fault driver’s insurance company. Be cautious in your communications with the adjuster. Avoid making statements that could be used against you later. Stick to the facts and avoid speculating or admitting fault.
The next step is to prepare and submit a demand letter to the insurance company. This letter should outline the circumstances of the accident, the injuries sustained by your grandmother, the damages she has incurred (medical expenses, lost wages, pain and suffering), and the amount of settlement you are demanding.
After submitting the demand letter, the negotiation process begins. The insurance company may respond with a counteroffer, and you may need to negotiate back and forth until you reach a fair settlement. It is important to be patient and persistent during this process.
Calculating Fair Compensation
Determining a fair settlement amount involves calculating all of the damages your grandmother has suffered as a result of the accident. This includes both economic damages and non-economic damages.
Economic damages are those that can be easily quantified, such as medical expenses, lost wages, and other out-of-pocket costs. Be sure to include both past and future medical expenses, as well as any ongoing costs for physical therapy, medication, or assistive care.
Non-economic damages are more subjective and include pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Maryland courts consider various factors when determining the amount of non-economic damages, including the severity of the injuries, the length of recovery, and the impact on the victim’s quality of life.
Insurance Company Strategies
Insurance companies are businesses, and their goal is to minimize payouts. Be prepared to encounter various tactics designed to reduce the value of your claim. They might deny the claim altogether, arguing that the driver was not at fault or that your grandmother’s injuries are not as severe as you claim. They might delay the process, hoping that you will become frustrated and accept a low settlement offer. Or, they might pressure you to settle quickly, before you have had a chance to fully assess the extent of your damages.
Insurance companies might also request access to your grandmother’s medical records. While they are entitled to review records relevant to the accident, they are not entitled to unlimited access. You have the right to object to overly broad requests.
Seeking Legal Assistance
Knowing when to hire a personal injury attorney in Maryland is crucial. If your grandmother’s injuries are serious, if the insurance company is disputing liability, or if you are simply struggling to navigate the complex claims process, an attorney can provide invaluable assistance.
An attorney can investigate the accident, gather evidence, negotiate with the insurance company, and, if necessary, file a lawsuit on your grandmother’s behalf. An attorney can also help you understand your rights and protect you from unfair tactics by the insurance company.
There are numerous benefits of hiring an attorney. Studies show that people who hire attorneys often receive significantly higher settlements than those who represent themselves. An attorney can handle all of the legal aspects of the case, allowing you to focus on your grandmother’s recovery. Finally, an attorney can provide peace of mind, knowing that your grandmother’s rights are being protected.
Exploring Alternatives to Settlement
While settling the case with the insurance company is often the preferred outcome, there are other options to consider. Mediation is a process in which a neutral third party helps you and the insurance company reach a mutually agreeable settlement.
If mediation is unsuccessful, you may need to file a personal injury lawsuit. The statute of limitations for personal injury claims in Maryland is generally three years from the date of the accident. If you do not file a lawsuit within this timeframe, you will lose your right to sue.
If the case proceeds to trial, a judge or jury will hear evidence and determine whether the driver was negligent and, if so, the amount of damages your grandmother is entitled to receive. Going to trial can be a lengthy and expensive process, but it may be necessary to achieve a fair outcome.
Conclusion: Protecting Your Grandmother’s Future
When a grandmother gets hit by a car in Maryland, the road to recovery is rarely easy. However, with a thorough understanding of your rights, a strategic approach to the insurance claim process, and, when necessary, the guidance of a skilled attorney, you can significantly increase your chances of securing a fair settlement.
Remember, don’t hesitate to seek legal counsel. A Maryland personal injury attorney can assess your case, advise you on your options, and advocate for your grandmother’s best interests. They can help you navigate the complexities of the legal system, protect you from unfair tactics, and maximize the compensation your grandmother receives.
Ultimately, the goal is to ensure that your grandmother receives the financial support she needs to cover her medical expenses, compensate her for her pain and suffering, and restore her quality of life as much as possible. By taking proactive steps to protect her rights, you can help her on the road to recovery and secure a brighter future.
