Experienced Car Accident Guidance And Support

Last updated on February 10, 2025

Gaithersburg lawyer Kevin Goldberg has decades of experience representing individuals in car accident cases in Maryland, Washington, D.C., and Virginia. He approaches each case with the goal of getting his clients the maximum amount of money in the shortest possible time frame. He knows that most clients need their settlement funds quickly, and he will fight to achieve this. In some cases, he is able to help arrange for his clients to take a loan collateralized by their future settlement. There is no attorney fee if there is no recovery.

Below are some key points to consider when dealing with car accidents:

Steps To Take Following A Car Crash

If you are injured in a car accident, there are several steps you can take to document it and possibly strengthen your claim:

• Seek medical attention as soon as possible: Your health and safety are of paramount importance. Delaying treatment could also hurt your potential claim, as insurance companies may question whether you were injured because of something besides the accident. If you think you may be injured, it’s best to get evaluated at an urgent care center or emergency room as soon as possible after the crash (ideally within a day).
• Report the accident: Notify local police so they can file a police report.
• Take pictures of the accident scene: This includes damage to the vehicles involved, debris on the road, landmarks that help identify the location of the accident and any visible physical injuries such as bruising, cuts, bleeding, etc.
• Gather key information: If possible, obtain the name and contact information of any witnesses.
• Exercise care when interacting with insurers: Do not provide a written or recorded statement to the insurance company until you speak to a licensed attorney. If you do talk to the insurance company, keep the conversation brief and only answer the specific questions asked. Stick to basic facts about the crash and do not make statements you are unsure of. A lawyer can help prepare you for any recorded statement you may give to the insurance company.

Another key step is speaking with an attorney. An experienced car accident lawyer can help you navigate the legal process, gather evidence, negotiate a settlement and file a lawsuit if that is necessary. It’s important to choose a lawyer who is familiar with car accident and personal injury laws, and who has a successful track record of representing accident victims.

Filing A Car Crash Claim In Maryland

In Maryland, like most states, the driver who is found to be at fault for a crash is financially liable for the victim’s damages. The state requires drivers to carry liability insurance coverage to pay for damages from an accident they cause.

Maryland generally requires drivers to purchase $30,000 of bodily injury liability coverage per person and $60,000 per accident. Kevin Goldberg actually fought hard in the Maryland legislature to increase Maryland’s liability limits from $20,000 to $30,000. If you are buying car insurance for your family, it is strongly recommended that you purchase liability limits equal to the assets that you have and always be sure to obtain adequate uninsured motorist benefits.

In Maryland and most states, you are generally required to purchase property damage liability coverage. The minimum requirement is $15,000 in Maryland, and it pays for damage to the victim’s vehicle or other personal property in the crash.

While crash victims generally pursue compensation from the other driver’s insurance policy, they may also be able to obtain compensation from their personal injury protection (PIP) coverage or uninsured motorist coverage (UM coverage). PIP coverage provides compensation for medical bills and lost income, up to $2,500 per person, no matter who is at fault for the accident. It is also sometimes referred to as MedPay coverage.

What If The Other Driver Doesn’t Have Insurance?

Some drivers either do not purchase insurance or let their policies lapse because they did not pay the premium. That is why Maryland requires drivers to purchase uninsured motorist coverage (known as UM coverage) if they are ever involved in an accident with an uninsured driver. This coverage may also apply after a hit-and-run accident when the police cannot locate or identify the driver of the car that left the scene. This uninsured motorist coverage also works as underinsured motorist coverage in the event the other driver does not carry enough coverage to compensate you for your injury.

Uninsured motorist bodily injury coverage pays for medical expenses. You are required to purchase at least $30,000 per person and $60,000 per accident. Uninsured property damage coverage pays for damage to your vehicle. The minimum amount required is $15,000 per accident.

Uninsured motorist claims can be complicated, which is why you should discuss the situation with an experienced car accident lawyer.

Proving Liability In Car Accident Cases

To be successful in a car accident claim, you must prove that the other driver was at fault. This can be done through evidence such as eyewitness statements, photographs of the scene, photographs of any property damage to vehicles and police reports. If the other driver apologizes and admits fault at the scene, this can also help establish liability.

How Much Compensation Could You Receive For Your Car Accident Claim?

This is something you should review with your attorney, as there are various factors to consider such as the severity of your injuries and the amount of insurance coverage available. It’s important to keep detailed records of all expenses related to the accident.

You may be eligible for compensation for various damages, including:

• Medical bills – This includes any past, present or future costs for treating or managing your injury such as doctor visits, emergency care, hospital stays, surgeries, physical therapy, rehabilitation, medical equipment, at-home care, and transportation to and from medical appointments.
• Lost wages/earning capacity – If you miss time at work during your recovery, your lawyer may be able to recover lost wages. If you are no longer able to work in the same capacity or not able to work at all, you might be eligible for compensation for lost earning capacity.
• Pain and suffering – This refers to the physical pain and emotional/psychological trauma that result from your injuries. Psychological trauma could include things such as post-traumatic stress disorder, anxiety, insomnia and depression.
• Scarring and disfigurement – If you have permanent scarring as a result of the crash, you should be compensated for that.
• Loss of companionship – If your injury damages your relationship with your spouse, you may be eligible to receive financial compensation for loss of companionship.
• Lost enjoyment of life – Victims who can no longer take part in activities they once enjoyed may be compensated for loss of enjoyment of life.

If you lost a loved one in a car crash, you may be able to recover compensation for loss of future income, loss of companionship, and funeral and burial costs, among other damages.

Dealing With Insurance Companies

Don’t trust insurance companies! With over 25 years of experience dealing with insurance companies, attorney Goldberg can tell you that they are looking out for themselves and not for the injured victim. Insurance companies will use very nice people trained in customer service to trick victims into thinking that they will be treated fairly. At the end of the day, the insurance company does not care about you.

Insurance companies may contact you immediately after an accident to offer a settlement or question you in hopes you will say something that hurts your claim or credibility. If they offer a settlement, it is likely to be far below the full value of your claim – it is very difficult to determine the amount of compensation you may need for future medical care so soon after the accident. You should never discuss the settlement of any insurance claim without speaking to an experienced attorney first.

When you file an insurance claim, the insurance company’s goal is to pay out no compensation or the smallest amount possible. Adjusters are trained in how to trick accident victims into accepting a lowball settlement or admitting fault for the crash. Adjusters may even try to convince you that hiring a lawyer is a bad idea.

That is why you should strongly consider having a qualified attorney handle all communication with the insurance company.

How Much Time Do You Have To File A Claim?

Every state has a different time limit for filing claims. That deadline is generally referred to as the statute of limitations.

• Maryland: The statute of limitations for negligence claims is generally three years from the date of the accident (there are exceptions to this rule so consult with an attorney to be sure).
• Virginia: The statute of limitations for negligence claims is two years from the date of the crash.
• Washington, D.C.: The deadline is generally three years.

If you fail to file a lawsuit before the deadline (the applicable statute of limitations), the case will be dismissed by the judge. In many states, the statute of limitations clock does not start ticking for minors until they reach the age of 18.

However, some claims have different deadlines and notice requirements. If your claim is against a governmental entity or government official, there are often strict notice requirements that must be met. For example, if you want to sue Montgomery County, you need to put the county on formal notice by complying with the Local Government Tort Claims Act of Maryland.

Every case is different, and it is best to hire an attorney to determine the applicable statute of limitations.

Contact A Skilled Car Accident Attorney Today

Attorney Goldberg is ready to explain your rights, guide you through the claims process and fight for the full compensation you need after a crash. Contact the firm today by email or at 301-960-8004 for a free consultation.