There is an issue as to whether he was negligent in losing control of his vehicle or whether it was an unavoidable accident as my colleague indicated. If he was negligent, the judge or jury could find that you were negligent as well and if so, your recovery would be barred since Maryland is a contributory negligence state.
If you have collision coverage, you should proceed with a claim against your own insurance company. You will have to pay a deductible, but will get it back if they win the case at arbitration.
Let you insurance claims adjuster investigate & handle the claim
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
The other driver appears to be at-fault for your damage. Any negligence on your part was complete and over with before the collision. The second driver's negligence resulted in his colliding with your stopped vehicle off the roadway.
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