What to Do in the First Days After a Car Accident in Baltimore

The hours after a crash are strange. Your hands may still be shaking, adrenaline is hiding whatever hurts, and the other driver is already on the phone with someone. What you do over the next few days can shape any claim you make later, so it helps to know the order of things before you ever need it.

Get safe, then get a police report

If anyone is hurt, call 911 first. If the cars can be moved and it's safe to do so, pull them out of the travel lane, but don't leave the scene. In Baltimore City the responding officer may be from the Baltimore Police Department. In the county it may be county police, and on the interstates it is often the State Police. Whoever shows up, ask how you can get a copy of the report and write down the officer's name and the report number.

Don't argue about fault at the roadside. Exchange names, phone numbers, license and plate information and insurance details. Tell the officer plainly what happened, and don't guess at speeds or distances. "I'm not sure" is a perfectly good answer when it's the true one.

Photographs and names while memory is fresh

Your phone is the most useful evidence tool you have at the scene. Take more pictures than you think you need, from several angles, before the cars are moved if that's safe. Then, in the next day or two, add the things that fade quickly.

• Both vehicles, including the plates, the damage up close, and where each car ended up on the road
• Skid marks, broken glass, debris, traffic signals and any signs near the intersection
• The weather and the road surface, especially if it was raining or dark
• Your injuries, including bruising, seat belt marks and cuts, as they develop over the following days
• Names and phone numbers of anyone who saw the crash, since witnesses are hard to find a month later

Write down your own account the same evening, while it is fresh. A few honest paragraphs now are worth far more than a memory reconstructed months afterward.

See a doctor, even if you feel okay

Neck, back and head injuries often announce themselves a day or two late. Get checked, whether that's an emergency room that night, urgent care, or your own doctor within a day or so. Tell the provider it was a car accident and describe every symptom, even the ones that seem minor. Then follow the treatment plan. Gaps in care and missed appointments give an insurance company room to argue that you weren't really hurt, and they are hard to explain after the fact.

Talking to the insurance companies

Your own insurer needs prompt notice of the accident, and your policy probably says so. Report the facts and keep it short. The other driver's insurer will likely call you too, often quickly and in a friendly tone. You are not required to give that company a recorded statement, and you should think hard before agreeing to one.

There's a reason for the caution. Maryland follows a rule called contributory negligence. In plain terms, if a court decides you were even partly at fault, it can bar your claim altogether. Offhand remarks such as "I didn't see him" or "I'm so sorry" can be repeated back to you later in a way you never intended.

Also read your own policy. Maryland auto policies generally carry personal injury protection coverage, which can help with medical bills and some lost income regardless of who caused the crash, unless the policyholder waived it in writing. Many policies also include uninsured motorist coverage, which matters if the other driver has no insurance or drives away.

Keep a paper trail

Put everything in one folder, paper or digital. It saves time and it keeps the story straight.

• The police report number and a copy of the report once it is available
• Medical records, bills and receipts, including prescriptions and mileage to appointments
• Pay stubs or a note from your employer showing missed work
• Repair estimates, rental car receipts and photographs of the damage
• A simple daily note about pain, sleep, and things you couldn't do

When to call a lawyer

Strict deadlines apply to injury claims in Maryland, and they are tighter than most people assume. That alone is a reason not to wait until the medical bills are stacked on the kitchen table. You don't need a lawyer for a scraped bumper with no injuries. You should talk to one soon if any of these fit your situation.

• You or a passenger were hurt enough to need ongoing treatment
• Fault is disputed, or the other driver's insurer is suggesting you share the blame
• The other driver was uninsured, left the scene, or was driving for work
• An adjuster is pressing you for a statement or offering a quick settlement before you know the full extent of your injuries
• A loved one was killed in the crash

A settlement offer made in the first week is often made before anyone knows whether the injury will heal in a month or follow you for years. Once you sign a release, the door generally closes. A short conversation with an attorney before you sign anything is cheap protection.

At Cooper & Tuerk, LLP, our personal injury clients work directly with an attorney, not a paralegal, and the firm was founded in 1965 and is at 201 North Charles Street, Suite 2300, in Baltimore. If you've been in a crash and want to talk through where you stand, call our office at (410) 539-0300. This article is a general overview, not legal advice.