What to Do After a Car Accident in Maryland
If you were just in a car accident in Maryland, here is what to do: get to safety and call 911, report the crash and get a police report, exchange information with the other driver, photograph the scene and your injuries, see a doctor the same day even if you feel fine, and notify your own insurer. Do not admit fault and do not give a recorded statement to the other driver’s insurance company before speaking with a lawyer.
One thing makes these steps especially important in Maryland. The state follows pure contributory negligence, so if the insurer can pin even one percent of the blame on you, you can be barred from recovering anything. What you say and do at the scene can decide your claim.
At Gelb & Gelb, P.C., our attorneys have handled Maryland injury claims for decades. Below we walk through each step in order and explain how Maryland law affects your case. If you have questions about your own crash, call (202) 331-7227 for a free consultation.
The Steps to Take After a Maryland Car Accident
1. Check for Injuries and Get to Safety
Your health comes first. Check yourself and your passengers for injuries and call 911 if anyone is hurt. If the vehicles are drivable and blocking traffic, move them out of the lanes when it is safe. Otherwise, leave them in place and turn on your hazard lights.
2. Call the Police and Get a Report
Call the police after any significant crash in Maryland. The responding officer will document the scene and create a report that becomes key evidence later. Ask how to obtain a copy and write down the report number before you leave. Maryland law also requires you to stop and exchange information, and to report crashes that involve injury, death, or significant property damage.
3. Exchange Information
Collect the other driver’s name, phone number, address, driver’s license number, license plate, and insurance company and policy number. Get the same details for any other vehicles involved. If there are witnesses, ask for their names and phone numbers before they leave.
4. Document the Scene
Use your phone to photograph everything: the position of the vehicles, the damage to each one, skid marks, traffic signals, road conditions, and any visible injuries. If a nearby business has a security camera, note its location, because that footage is often overwritten within thirty days.
5. Get Medical Care the Same Day
See a doctor even if you feel fine. Adrenaline masks pain, and some serious injuries, including concussions and soft-tissue damage, do not show symptoms for hours or days. A same-day medical record ties your injuries to the crash and removes an argument insurers use to deny claims.
6. Notify Your Insurer
Report the crash to your own insurance company promptly. In Maryland, your own policy may include Personal Injury Protection, which can pay medical bills and lost wages regardless of fault. Ask your insurer what coverage you have and how to use it.
7. Speak With a Lawyer Before the Insurance Company
The other driver’s insurer may call within days and ask for a recorded statement. You are not required to give one. Adjusters are trained to elicit answers that reduce your claim. Talk to a lawyer first so you understand your rights before you say anything on the record.
How Maryland Law Affects Your Claim
Maryland Is a Fault-Based State
Maryland is an at-fault state. The driver who caused the crash, through their insurer, is responsible for your damages. You can pursue compensation by filing a claim with the at-fault driver’s insurer, using your own coverage, or filing a lawsuit.
Pure Contributory Negligence
Maryland is one of only a few jurisdictions that still follow pure contributory negligence. If you are found even one percent at fault, you can be barred from recovering anything. This is why you should never admit fault at the scene and why careful documentation matters. Learn more on our page about contributory negligence in a Maryland car accident.
The Three-Year Filing Deadline
You generally have three years from the date of the crash to file a lawsuit, and shorter notice deadlines apply to government claims. For the full breakdown, see our page on the Maryland car accident statute of limitations.
Mistakes to Avoid After a Maryland Crash
- Admitting fault or apologizing at the scene, which can be used against you under contributory negligence.
- Giving a recorded statement to the other driver’s insurer before talking to a lawyer.
- Skipping or delaying medical treatment, which lets an adjuster argue your injuries were not serious.
- Posting about the crash or your activities on social media.
- Accepting the first settlement offer before you know the full extent of your injuries.
For more, see our guide on mistakes to avoid in Maryland car accidents.
Speak With a Maryland Car Accident Lawyer Today
The most valuable thing you can do after a crash is get accurate information early. Our attorneys offer free, confidential consultations. We will review what happened, protect your deadlines, and explain your options. You pay no fee unless we recover for you.
Call Gelb & Gelb at (202) 331-7227 or use our contact form. To learn more, visit our Maryland car accident lawyer page and our Maryland personal injury lawyer page.
Reviewed and authored by Brian Gelb, Associate Attorney at Gelb & Gelb, P.C. Mr. Gelb is admitted to the Bars of the District of Columbia, Maryland, and South Carolina.
This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Prior results do not guarantee a similar outcome. Each case depends on its own facts and applicable law.