Expert: Richard Hixenbaugh - 3/6/2009

Question
Hi,

While driving my mother's car, I was the victim of a rear-end collision about 3 weeks ago. I made a left turn on a four-way street going north. Once I completed the turn, I noticed the truck in back of me speeding. I got into the right lane to move out of his way, then he moved to the right. I moved back to the left, as did he slamming on his breaks and he hit my right rear bumper.

We both pulled over, he claimed I jumped out in front of him and he didn't hit my mother's car, but there was clearly damage. When the cops were called, the officer refused to take a report- only provided forms for the driver and me to exchange information.

Now, his insurance company is standing by him saying that I was negligent because I cut him off. The adjuster told me that in Maryland, if I am 1% negligent, I am not able to recoup damages and they are making sure that there are no damages to his clients car.

What can I do now?

Answer
Hi Kristal,

It is true that in Maryland you can not collect for damages if you are 1% at fault. They are trying to say that you contributed to the accident by changing lanes and that if you had just stayed in your lane he would have gone around you.

This is a very difficult situation to win. Especially since you admit to changing lanes 2 times.

I hope this helps
Richard Hixenbaugh