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My car slid off an exit ramp and came to a complete stop. Another vehicle following also slid and hit me? Do they need to pay?

Hagerstown, MD |

My vehicle was completely off the road and in the grassy area and had no damage. I could have driven off. Before I could drive off, I looked and saw the second vehicle coming sideways off the exit ramp. Presumably we both hit the same slick spot. I have extensive damage on the passenger's side of my car. An officer assigned an incident number, briefly got our story, but because both vehicles were drivable and there were no injuries, he issued no citations, and said our insurance companies would figure it out. Must his insurance company cover my damages?

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Attorney answers 5


Given that your vehicle lost control in the same manner. Assuming that you were traveling at a reasonable speed, this could be considered an unavoidable accident.


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.


Report it to your insurance company to sort out.


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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