Common Myths About Car Accidents

At Plaxen Adler Muncy, our Maryland car accident attorneys frequently encounter clients with misconceptions about car accidents and the subsequent legal processes. These myths can lead to misunderstandings, delays, or even harm to their legal claims. To help you protect your rights and ensure you are well-informed, we are addressing some of the most common myths about car accidents and clarifying the realities behind them.

Myth 1: If the accident was minor, there’s no need to report It

A prevalent myth is that minor accidents, often called “fender benders,” don’t need to be reported to the authorities or your insurance company. In Maryland, it’s important to report all accidents, regardless of their severity. Even if there are no visible injuries or significant vehicle damage, it’s possible that injuries could manifest later, or hidden damage to the vehicle could become apparent after the fact.

Failing to report an accident can lead to complications if you later need to file a claim. Maryland law requires that accidents resulting in injury, death, or property damage be reported to the police. Additionally, insurance policies often have specific requirements for reporting accidents promptly. Not reporting an accident can result in denied claims or legal complications down the road.

Myth 2: The at-fault driver’s insurance will automatically cover all expenses

Many people believe that the at-fault driver’s insurance will automatically cover all expenses related to the accident. However, in Maryland’s “at-fault” system, the responsible driver is liable for damages, but insurance companies often dispute liability to minimize payouts.

In reality, you may need to negotiate with the at-fault driver’s insurance company or even file a lawsuit to recover full compensation for your medical bills, lost wages, and other damages. It’s important to remember that insurance companies are businesses with their own interests in mind, and they may attempt to offer a low settlement. The experienced Maryland car accident attorneys at Plaxen Adler Muncy can help you navigate this process and fight for fair compensation.

Myth 3: You can’t recover damages if you were partially at fault

Maryland is one of a few states that follow the doctrine of contributory negligence, which means if you are even slightly at fault for the accident, you might be barred from recovering damages. This strict standard can be particularly challenging for accident victims. However, it’s essential to understand that determining fault is a complex process, and just because an insurance company claims you were partially at fault doesn’t mean that you actually were. Our skilled attorneys can investigate the accident, gather evidence, and build a strong case to challenge any claims of contributory negligence.

Myth 4: You don’t need a lawyer for a car accident claim

Another common myth is that you don’t need a lawyer to handle a car accident claim, especially if it seems straightforward. While some minor accidents may be resolved without legal help, even simple cases can become complicated.

Insurance companies tend to have teams of lawyers and adjusters working to protect their interests. Without legal representation, you may be at a disadvantage when negotiating a settlement. Our Maryland car accident attorneys can help you understand the full value of your claim, negotiate with the insurance company on your behalf, and, if necessary, take your case to court.

Having an attorney also helps you meet all legal deadlines and requirements, such as the statute of limitations. When filing a personal injury lawsuit in Maryland, the statute allows you three years from the date of the accident. If you miss this deadline, you may be barred from seeking any recovery from your accident.

Myth 5: You can’t afford a car accident attorney

Many accident victims avoid seeking legal representation due to concerns about affordability. This is a significant misconception, as most Maryland car accident attorneys, including Plaxen Adler Muncy, work on a contingency fee basis. This fee structure means that you don’t pay anything upfront, and your attorney only gets paid if you win your case.

The contingency fee model allows accident victims to access legal representation without financial barriers. It also aligns the attorney’s interests with your own, as they are motivated to secure the best possible outcome for your case. Before assuming that you can’t afford an attorney, it’s worth consulting with one to discuss your options.

Myth 6: The insurance company’s first offer is the best you’ll get

Insurance companies often make low initial offers to settle claims quickly and cheaply. It’s not uncommon for an insurance company to make a low initial offer, hoping that you will accept it without question and prior to consulting with an attorney. Many people believe that the first offer is the best they can get and are hesitant to negotiate.

In reality, the first offer is often just a starting point for negotiations. Our experienced car accident attorneys can evaluate the offer, determine whether it’s fair, and negotiate for a higher settlement if necessary. Accepting a low offer can leave you with insufficient funds to cover your medical expenses, lost wages, and other damages.

It’s essential to remember that once you accept a settlement, you typically waive your right to pursue further compensation. This is why it’s so important to have an attorney review any settlement offers before you agree to them.

Myth 7: If you don’t feel injured immediately, you don’t need to see a doctor

After a car accident, adrenaline and shock can mask the symptoms of injuries. It’s common for accident victims to feel fine immediately after the incident, only to experience pain or other symptoms hours or even days later. Some injuries, such as soft tissue injuries or concussions, may not become apparent right away.

Delaying medical treatment can not only worsen your injuries but also harm your legal claim. Insurance companies may argue that your injuries weren’t caused by the accident or aren’t as severe as you claim if you didn’t seek prompt medical attention. Seeing a doctor as soon as possible after an accident is essential for protecting your health and legal rights, even if you don’t yet feel symptomatic.

Myth 8: You should wait to file a claim until you know the full extent of your injuries

Some people believe that they should wait to file a claim until they fully understand the extent of their injuries and damages. While it’s important to know the full scope of your injuries before accepting a settlement, waiting too long to file a claim can be risky.

As we mentioned earlier, in Maryland, the statute of limitations for filing a personal injury claim is three years from the date of the accident. However, it’s generally advisable to start the claims process as soon as possible. Evidence can be lost or deteriorate over time, and witnesses’ memories may fade. Additionally, waiting too long to file a claim could make it more challenging to connect your injuries to the accident.

Working with a Maryland car accident attorney can help ensure that your claim is filed promptly and that you have the necessary documentation to support your case. Your attorney can also help you navigate the process of assessing the full extent of your injuries and damages before reaching a settlement.

Myth 9: If the other driver admits fault, you don’t need to gather evidence

Even if the other driver admits fault at the scene of the accident, it’s still vital to gather as much evidence as possible. Admissions of fault can be retracted, and the other driver’s insurance company may still dispute liability. Evidence such as photos of the accident scene, witness statements, police reports, and medical records can be vital in supporting your claim.

Our car accident attorneys can help you gather and preserve evidence, ensuring that your case is as strong as possible. We can also work with experts, such as accident reconstructionists, to build a compelling case that demonstrates the other driver’s liability.

Myth 10: All car accident cases go to court

Many people fear that filing a car accident claim will lead to a lengthy and stressful court battle. While it’s true that some cases do go to court, the majority of car accident claims are settled out of court. Settlement negotiations can often result in a fair resolution without the need for a trial.

However, having an attorney who is prepared to take your case to court if necessary can be a significant advantage. At Plaxen Adler Muncy, our willingness to go to trial can put pressure on the insurance company to offer a fair settlement. If a fair settlement cannot be reached, your attorney can represent you in court and advocate for your rights.

If you’ve been injured in a car accident in Maryland, it’s important to separate fact from fiction to protect your rights. Don’t let common myths jeopardize your claim—reach out to the experienced Maryland car accident attorneys at Plaxen Adler Muncy today. Whether you’re dealing with insurance companies, trying to understand complex legal rules, or simply need guidance on your next steps, having the right support can make all the difference. Contact us now for a free consultation and let us help you secure the compensation you deserve. Call or submit our contact form to schedule your free case evaluation at one of our offices across Maryland today.