7 Mistakes That Can Ruin Your Maryland Accident Case
Nobody plans in advance about what they should do after a car accident, because nobody ever plans to be in a car accident. A car accident is always unexpected, and always scary. You may be hurt. Your car will be damaged. You will be shaken up. At best, a car accident is a big inconvenience. At worst, you will be physically injured and heading to the hospital.
After an accident, you will probably start thinking about all the problems you are going to have and wondering how you will fix them. Other legal articles on our website can help answer some of those questions. You should read them all to be fully informed. Just click the link at top right. And be sure to read “Our Most Important Advice” on the right side of this page before proceeding.
But first, I want to warn you about 7 mistakes you could make now that can ruin your Maryland car accident case. These mistakes are very common and very easy to make. Just avoiding these 7 mistakes will increase your chances of successfully getting through your Maryland accident case.
Mistake Number 1: Giving a Recorded Statement to the Insurance Company
Would you go to a legal deposition without an attorney? Of course not. Going to a deposition without an attorney would be crazy. A recorded statement is essentially the same thing. It can and will be used against you in court, just like a deposition. In fact, that is the whole point of it – no matter what the insurance representative tells you. Giving a recorded statement is rarely a good idea at all, and should never be done unless an attorney is present. The same thing applies to a written statement.
You have probably never given a recorded statement before. The insurance adjuster on the other end of the line has probably taken hundreds of them. They have been trained to take them. And they are watching out for their company’s best interests, not yours.
Many insurance company representatives seem very nice and helpful on the phone. Some are genuinely nice. But some are only acting that way to get as much information out of you as they can. If they find a reason to deny your claim, they will do it in a heartbeat. Even the nice ones are looking for a reason to deny your claim. That is just their job. They don’t have a choice.
In any event, you have no way of knowing who is really trying to be helpful and who is trying to pump you for information to deny your claim. That is why you should approach every conversation with an insurance company representative carefully - just like I do every time I talk to one on behalf of my client.
For fun, why don’t you ask the insurance representative if you can do a recorded interview of the person who hit you? What do you think they will say? You will find that the ability to request information is a one way street. They want to ask you questions, but will never let you ask anything of their insured. Their insured will likely be instructed not to talk to anyone other than the police. Perhaps you should take that as good advice applying to you too.
What I have said so far applies to recorded statements in any state. Under Maryland law, there is an extra special reason not to give a recorded statement. Maryland is one of the few states that follow a legal doctrine called “contributory negligence.” This means that if you are at fault in any way for the accident, you get nothing. So if you did something very minor that makes you 1% a fault, and the other guy is 99% at fault - you lose.
Any number of small actions you take can be that 1% contributory negligence that causes you to lose your claim. Unless you have read all the legal cases, you won’t know what they are. An attorney experienced in car accident cases will. Even if you are dead set on handling your accident claim yourself, you should still consult an attorney before giving a recorded statement. All attorneys offer free consultations for accident cases. If they are honest, they will give you that consultation even if you do not want to hire them.
My best advice is to never give a statement of any kind to the insurance company unless you have consulted a lawyer. But if you do not follow that advice, at least make sure the statement is not recorded. It is perfectly fair for you to demand that. In fact, in Maryland it is illegal to record any conversation unless both parties consent. So do not consent.
The only tricky area on this subject is if you are seeking money from your own insurance company. You do have a duty to cooperate with your own insurance company during their investigation. That is a contract you have with them. Giving a statement that is not recorded should comply with that duty. If the insurance company representative acts as if they will not accept a statement that is not recorded, you should question their motives. The best advice I can give you is not to give a recorded statement, and to get some good advice if you are thinking about ignoring that advice. Get a free consultation.
Mistake Number 2: Take the Quick Settlement Check
If you are not represented by an attorney, some insurance adjusters will try to get you to take a quick settlement check soon after the accident. They may send you a check within days of your accident along with some document full of legal mumbo jumbo and instructions to just sign and return it. Do not fall for this trick. If you accept a check early, you lose the right to make any claim later. That legal mumbo jumbo is a "release." By signing it, you “release” the other driver from liability in exchange for the money. That creates a binding contract and you cannot back out of it later without a legally sufficient reason (and “I didn’t know” is not a legally sufficient reason).
This is such a common and serious mistake that the Maryland legislature passed a new law in 2007 to cut down on the practice. It doesn't outlaw the practice, but builds in a period of time for you to change your mind after you accept the check. Basically, it allows you to void any release signed within 30 days after an accident, but you have to do it within 60 days of signing the release, and you have to jump through certain other hoops - like sending the money back. If you think this may apply to you, you should pick up the phone right now and call a lawyer to so you can handle this right. Don’t ever flirt with short deadlines like 60 days (which is really, really short in the legal world).
Even if they do not send you a check and release, they may send your some innocent looking forms to sign and return to them. Do not do it unless you consult with an attorney. If they are forms to apply for PIP, they are fine. (PIP is Personal Injury Protection benefits your own insurance company pays – see the next item, and our other articles, for more on this.) If they are forms to get your entire past medical history, you may want to limit those to what is relevant, or refuse to sign them at all. An attorney can help you make that decision.
You should never take a quick settlement after a car accident because you do not yet know the extent of your damages. You should always wait to be absolutely sure you are not injured, or until you know the full extent of your condition after the accident. Sometimes your pain won’t show up until days or even weeks after the accident. Or, something you consider a minor pain may flare up into a major problem. Only a doctor can accurately assess your medical condition. Do not try to do that on your own, and do not be too quick to pronounce yourself fully recovered.
Even if you consider yourself well and think you do not need a lawyer, how do you know if the payment from the insurance company is fair? Is it what they would give anyone else? Or just the lowest amount they could talk you into? Is it what you could get in Court? Only an attorney can answer these questions for you. Again, you should take advantage of the free consultation. An honest attorney will honestly tell you if your settlement is fair even if they don’t get a fee for doing it.
Mistake Number 3: Failing to Get Proper Medical Care
To be honest, your legal problems after a car accident should be the second thing you think about – and I mean a distant second. Your first priority should be getting proper medical care to get well. Your medical care is far more important than your legal case.
The first and most important reason I tell you this is because I want you to get well. Getting injured in a car accident is serious. If you sit at home and fail to seek medical care, you are endangering your personal health and safety. Some do it because they are afraid of doctors. You should be more afraid of what can happen if you fail to get proper care. Some do it because they cannot afford it. That should not be your top concern either, because of something called PIP (the Personal Injury Protection benefits mentioned above).
First, keep in mind it is illegal to be refused care at a hospital based on inability to pay. They have to help you even if you have no money and no insurance. But if you are injured in a car accident in Maryland, you will have up to $2,500 of coverage through your own car insurance that applies regardless of whose fault it is. This is called PIP, and stands for Personal Injury Protection. (Technically, you can waive this coverage, but almost nobody does – and nobody should!) So if your injuries are due to a car accident, you almost certainly have some coverage you may not even know about. Go get the medical care you need.
But the second reason I tell you this is for the health of your legal case too. The insurer will not believe you are injured unless you seek medical care. They will assume that if you really are in pain, you would go to a doctor. They will want your pain and your medical condition documented before they will consider it as damages in your case. They will not take your word for it if you fail to seek care. This is another reason to go and at least get checked out. You should do it first for your health. But if you are the type who needs an extra push to go anywhere near a doctor, let this reason be that push. Go get the medical care you need.
One last thing, when you are there, be honest about your pain. Every once in a while, I get a call from someone who wants to check in with me before they see the doctor. They are worried about the legal side of their car accident case. That is not a good idea. I tell them to be honest about their pain and problems. Anyone who tells you otherwise is endangering your health. You should never lie to your doctor. Do not minimize your pain, but do not exaggerate it either. Be honest. Your physical well being is at stake.
Mistake Number 4: Getting Too Much Medical Care
The flip side to Mistake Number 3 is getting too much medical care. The insurance company will punish you if you do not see the doctor, or do not see the doctor as much as you should. But they will also punish you if you see the doctor too much! I know it sounds unfair, and sometimes it is, but it is a fact. Going to the doctor too much can hurt your case.
There are three main things I see that will trigger an insurance company to complain that you “over-treated.” First, if you shop around with too many health care professionals. It is always wise to get a second opinion, and it is perfectly legitimate to change doctors if you need to. But if you are seen as “doctor shopping”, it will hurt your accident case. I cannot give you hard and fast guidelines on how many doctors are too many. Just be sure you have a good reason for any new doctor you see.
Second, too many treatments of too much physical therapy or chiropractic care will cause problems. How much is too much? I cannot give you a good rule of thumb. It depends on your injury. The best thing to do is pick a reputable doctor and follow their orders. That will always be easy to defend.
The third problem is spending too much time on narcotic medication. Narcotics are perfectly legitimate medications if prescribed by a reputable doctor. But I have seen too many nice, normal people turn into drug addicts because of prescription medication. It is sad when it happens. It can happen to the very best of people. That stuff is very strong, and some people are more susceptible to addiction that others. Be careful.
The insurance companies now look out for it, and sometimes assume it is happening when it is not. Some may be unwilling to believe in pain that doesn’t have a cause you can see on a diagnostic test. Too much narcotic medication can be a bad thing for your Maryland accident claim. How much is too much? Again, I cannot give you a good rule to follow. The best advice is to pick a reputable doctor and follow their orders. That will always be easy to defend.
Mistake Number 5: Seeing a Doctor who has a Side Deal with the Lawyer
Have you ever heard of an attorney sending you to “their” doctor? It used to happen a lot more than it does now, but you still see it. Some personal injury attorneys used to make deals with certain doctors so they could refer cases back and forth to each other. The general idea was to have a doctor friend who would run up a bill just high enough to make the accident case seem more valuable than it was, so both the doctor and the attorney made more money off the deal.
If this sounds unethical to you, you are absolutely right. An attorney is supposed to be a professional free of outside influence. They should only have your best interests at heart. If they are partially looking out for their doctor friend, how are they going to look out for your best interests?
Not only is it unethical, but this mistake hurts your accident case. Do you think that relationship an attorney may have with a doctor is a secret? No way. The insurance companies long ago got smart and started keeping records on attorneys. They look for problems like doctor-attorney relationships that are not ethical. They will know if your case is one of those, and they will treat you accordingly. You can expect an unfairly low settlement offer, and probably a fight in Court over whether or not the doctor “over-treated” you.
It may be perfectly legitimate for an attorney to refer you to a particular doctor, as long as there is no relationship between them. At Andrews, Bongar, Starkey & Clagett, we prepared a list of local Orthopedic doctors because we found so many clients didn’t know one. But we will always give you a list of several doctors, and we will encourage you to first ask your family doctor for a referral. That is the best way to get one.
If you ask me directly, I will tell you who I use for medical care. I know the skills and styles of most of the local doctors because I have represented so many injured people. I do not now, nor have I ever had a personal or professional relationship with any doctors in our area. We just do not play those sorts of games here. It hurts my reputation, my practice, and my client’s case.
Mistake Number 6: Failing to Get a Free Consultation
I have already mentioned this several times in this article, and I repeat it for a reason. All attorneys who handle Maryland accident cases offer a free consultation. That means you can at least talk to them on the phone. More likely, it means you can sit down with them in their office face to face, if you want to. It costs you nothing but your own time. I have never understood why so many people who get injured in a car accident fail to take advantage of free time with an attorney who knows that area of law.
I wonder if some people do not know the consultation for injury cases is free. If you are concerned about that, be sure to ask when making the appointment. I also suspect people worry the free consultation is just a ploy to get you into the attorney’s office where they can pressure you into retaining them. They are experienced at this sort of thing and you have probably never been in that position before. I guess it can be frightening if you feel like you are the sheep going into the lion’s den.
That should not be the case if you deal with an honest attorney. The vast majority of attorneys are honest and ethical. The few bad apples out there give the rest of us a bad reputation. If a Maryland car accident attorney is honest and ethical, he or she should agree to give you that consultation even if you do not hire us to handle your case. They should at least answer your questions, and give you a good overview of your injury case and what you can expect. They should do this in a way that is free of sales pressure. You should always feel like you are talking to an attorney - not a salesman. If you feel sales pressure while meeting with an attorney, you may want to find a different attorney.
Do not get me wrong. Any good attorney is going to warn you of the dangers of handling your case on your own. That is not just sales pressure. There is a reason we have jobs, after all. The legal system is complicated and full of traps if you do not know what you are doing. If you come to me with a big case that should be handled by an attorney – I will tell you so. I will give you plenty of warnings, and may even do so in writing just to be sure you got the message and I can prove it later.
But an honest attorney will also answer your questions and tell you what to expect, given the information they have in front of them. If they will not do that for you, you certainly have the wrong attorney . . . which leads me to my next point.
Mistake Number 7: Hiring the Wrong Lawyer
First, hire an attorney who actively practices in the area of personal injury. Almost any attorney will try to take a personal injury case, even if they do not usually handle those cases. Some think it is easy to do and just want to settle your case quickly. They might do a good job, but then again they might not. Personal injury is a complicated practice area like any other area of law. If you do not know what you are doing, you could get burned. It is best to seek out a law firm that knows how to handle personal injury cases.
Second, hire an attorney with a reputation for honesty and ethical practice. All attorneys have a reputation in their professional circles. You may not know that reputation as a member of the general public, but the other attorneys and insurance company representatives sure do. It will harm your Maryland accident case if your attorney is known as someone who stretches the truth, uses a “hired gun” doctor, or will take any case that walks in their door.
Some people make the great mistake of thinking they should hire the local “shark” to be their attorney because they will get better results. Nothing could be further from the truth. If an attorney is reputed to be a “shark”, you can be sure he or she got that way by questionable tactics. Those tactics are going to be well known to the insurance company, and to defense counsel. They will treat the local “shark” just like you would treat a real shark. And that does not help your accident claim.
I laugh when I see attorneys promote themselves as “aggressive.” What does that mean? They fight for their client? All attorneys worth anything at all do that. An attorney that doesn’t fight for their client will not be in business long. Some people think being aggressive means cheating and lying. You don’t have to cheat and lie to be aggressive. You only have to cheat and lie if you have something to hide.
If your attorney is not trustworthy, the insurance company and defense counsel will naturally assume your case is worth less than it appears. They will lump your case right in with other past problems they encountered while dealing with that particular attorney. This could cause them to deny you a fair settlement offer, or to deny your claim outright. It will never lead to anything good for you. Hiring an attorney with a bad reputation for truthfulness and fairness can never help your claim.
How can you tell? If you do not know an attorney, you have to rely on the way they present themselves to the public. Look at their website, their brochure, and their yellow pages ad. That is a fair way to judge them since it is their face to the general public. Look at their ads for clues to their personality. Are they dignified and professional? Or do they look like ambulance chasers?
Do they use pictures of wrecked cars or injured people in their ads? Is that a dignified way to advertise? Does that make them seem more or less credible to you? Do they advertise pictures of dollar bills, or say they will get “cash” for you? I saw one attorney ad a few years ago that had a snarling pit bull in it. Is that really the type of attorney you want to hire?
Sadly, some good lawyers also advertise this way. They are often victims of yellow pages ad representatives who just want to make a buck. They fail to understand that the general public judges them by what they see in those ads. But that is the only way you can really judge them. It is the only way I can give you to judge them.
I personally wish attorneys would clean up their ads in order to clean up the image of all attorneys. It is sad that we all get judged badly based on the actions of a very few. I guess this part of the article is my attempt to spread that word.
I can tell you that at Andrews, Bongar, Starkey & Clagett we do maintain a dignified, professional reputation both in the community and within our professional circles. That is a reputation hard won over more than 40 years. We do not take it lightly, and would not squander it on an illegitimate claim. That reputation will work in your favor if you wish to hire us to handle your Maryland accident case.
I hope this article has provided you with valuable information on mistakes to avoid if you have a Maryland accident case. If you have any questions, please call us for that free consultation. We will be happy to schedule an appointment with one of our attorneys.
And I would not be doing my job if I didn’t end by advising you to hire a competent, honest, and ethical attorney for your Maryland accident case. This is especially true if you are seriously injured. Although I don’t necessarily recommend it, you may be able to handle a minor bump and bruise case on your own. You would be crazy to try that with any case involving serious injury, or even a medium sized injury. There is too much at stake. Always hire an attorney for those cases.
Whatever you decide, and whoever you decide to see for your Maryland accident case, I wish you the best of luck!
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