zigzagzig

I was in Ocean City, MD in the last week of August; and I nearly missed an accident. I was driving down coastal highway which is a 3 lane road. The speed limit here is I believe 45. I was going at most 50. I was heading towards an intersection; I have a green light, and a lady turning left from the opposite direction has the turn on green with yield. So, she starts to come in, I think she's edging up to see if traffic was coming, and then she accelerates. When she comes to a stop, she's directly in front of my lane. So I stomp on my brakes, swerve to the right, and miss her, which points me directly towards a metal light pole on the sidewalk. I swerve back to the left, and nick the curb, but it was pretty hard. I was sure my tire was blown and rim was cracked. It happened so quick, and traffic was still moving, so I had no time to call the police. My friend in the car told me to follow her down the next street, so we did. She basically admitted her wrong, she says "I'm sorry, I wasn't paying attention to you, I was paying attention to the other guy". So she gives me her insurance info and I claim it that day. The next day an adjuster came and took pics and what not. I just find out today, that they're denying my claim because according to the insurance handler, "Maryland has something where we're not allowed to approve a claim if we find that the other party contributed to the accident even 1%." That is complete bullshit. What are my options now? It doesn't look like I can do much now. I'm left with a deep chunk out of my front right wheel, and lower front bumper damage. PLEASE HELP.

NJTypeS

It appears Maryland uses the rule of "contributory negligence" in settling claims. t is harsh but a few states do allow it. As was stated, if you caused any % of liability they the other insuraqnce carrier can deny you. Most states settle claims based on "comparitive negligence" which means your amount of settlement is reduced on the % of negligence you caused. Example: if someone makes a left turn in front of you in a 25 mph zone and you hit them in the quarter panel, most likely you would be 25%-35% at fault. If MD does indeed settle on contributory negligence, your only remedy is to go through your own insurance. As long as you are under 50% at fault, it should not be considered an at fault accident.

cartan

I am pretty sure the speed limit is 40 there and not 45. But anyway, I would talk to your own agent and find out what your agent has to say. You may need to file through your own agent and get them to fight with the other insurance company. The risk is that the accident would be on your record with your agent if your own insurance ends up paying.

zigzagzig

njtypes, thanks for all the great info. cartan thanks for your input. im gonna think about if i want to get my insurance involved or not.

r10apple

Maryland is indeed a contrib state: 1% negligence or greater bars any recovery. I hate to put it this way (so overly simply), but unless you are stopped and rearended, then you get assessed with negligence and you get zippo...

Doc.Booty

Shit in Michigan you have to pay for it all even if you get rear ended. No-fault insurance sucks my big dick.