After an accident, an insurance adjuster may call before you fully understand your injuries or your rights. In Maryland, those early conversations carry real legal weight.
Maryland’s contributory negligence rule changes everything
Maryland follows a pure contributory negligence standard. Under this rule, you may lose your right to any compensation if an adjuster establishes even 1% fault on your part.
Adjusters know this. They may ask questions designed to draw out comments about your speed, your awareness or your reaction time. Adjusters can use phrases like “I didn’t see the car” or “I was in a hurry” to assign partial blame.
What you should never say or sign
The other driver’s insurance company cannot require you to give a recorded statement. Avoid these common mistakes before speaking with an attorney:
- Downplaying injuries: Saying “I’m fine” can undercut a later claim for pain and suffering.
- Accepting quick settlements: Early offers rarely account for future treatment or lost wages.
- Signing broad medical releases: These forms may expose your full medical history, not just records tied to the accident.
- Speculating about fault: Guessing out loud can lock in assumptions that hurt your case.
Adjusters may record casual remarks and use them during negotiations.
Know your statute of limitations
Maryland law sets a strict deadline for filing a personal injury lawsuit. Under Maryland Code, Courts and Judicial Proceedings § 5-101, you have three years from the date your injury occurs to file. If adjuster negotiations run past that deadline without a lawsuit on file, your claim may be permanently barred.
You should also ask about Personal Injury Protection (PIP) coverage, which Maryland insurers are required to offer and which covers medical bills regardless of fault.
Talk to an attorney before the adjuster calls again
The steps you take in the first days after an accident can affect your entire claim. An attorney can help you understand your options before you say something that limits your recovery. For guidance on your personal injury claim, speaking with a lawyer may clarify how Maryland’s strict rules apply to your situation.
