Legal Question in Insurance Law in Maryland

Hello I'm in the state of Maryland no fault state. It was snowy outside and I was sliding and came to a stop but the person behind me kept sliding and hit my car from the back and did a lot of damage. My question is her insurance called my insurnce company and made a decision that due to the inclement weather neither were at fault which means I have to take care of my damages with my insurnce company deductibles and rental car and so forth. Why does my insurance has to pay for all this and why will my insurance premium go up due to the person hitting from behind?


Asked on 12/12/13, 7:13 pm

1 Answer from Attorneys
Cedulie Laumann Arden Law Firm, LLC

First, Maryland is not a "no fault state." Instead, it is a contributory negligence state. In Maryland one can collect from another driver only if that person was negligent or "at fault."

It sounds as though the insurance companies determined that the other driver was not legally responsible. Options in such a situation involve paying out of pocket for whatever damage or if you have insurance coverage that would apply, letting the insurance company pay. Or, if there is evidence of negligence and a policy holder disagrees with the insurance company's decision, one can always file suit against the other driver.

Please note that this post offers general legal information and does not substitute for getting specific legal advice tailored to your situation.

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Answered on 1/08/14, 12:40 pm


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