- June 25, 2018
- Posted by: admin
- Category: Automobile Accident Claims
Injured in a Car accident caused by a Maryland Transit Administration (MTA) bus, mobility bus, Marc Train, light rail, and or metro subway.
If you are in a car accident caused by a Maryland Transit Administration (MTA) bus, mobility bus, Marc Train, light rail, and or metro subway, there are procedures you must follow in order to be compensated for the damage to your car, loss of use of your car, (rental car) injuries to your body as well as lost wages, medical expenses and pain and suffering. Dealing with Maryland Transit Administration in order to resolve these issues can be a slow, tedious process. If you do not pursue your claim in a timely manner and do not file to correct forms, your claim could be lost.
Claims against Maryland Transit Administration should originate with sending a certified letter return receipt requested to the Maryland Transit Administration
Maryland Transit Administration 6 St. Paul St. Baltimore, MD 21202-1614
Transit Insurance Group 1515 Washington Blvd Suite 2600 A Baltimore Md 21230
An adjustor will eventually be assigned by Maryland Transit Administration to adjust your claim. However, this process can take weeks or months, so that it may be quicker to start the process to fix your vehicle under the collision section of your own insurance and let your insurance deal with Maryland Transit Administration to be reimbursed for the property damage. If, you do not have collision coverage, then you will have to deal with Maryland Transit Administration directly, however this will not likely be a quick process. In addition, unlike an insurance company Maryland Transit Administration will not provide and pay for a rental vehicle upfront and your will have to make arrangements for a rental vehicle on your own if you do not have rental on your own insurance policy.
If you have been injured in an accident caused by either (MTA) bus, mobility bus, Marc Train, light rail, and or metro subway, you have a right to make a claim for personal injuries including injuries to your body as well as lost wages, medical expenses and pain and suffering. Because of the amount of claims presented to the MTA in any given year the process is very slow. In order to receive the full value of your case it will be necessary to file suit in your case. Often you may need to have a trial in order to receive adequate compensation.
Suing the MTA
There is also a different set of rules if you are trying to sue the Maryland Transit Administration (“MTA”). (The MTA operates the light rail and buses.) We will call these rules the MTA Tort Claims Act (“MTATCA”). (The MTATCA can be found at the Transportation Article of the Annotated Code of Maryland Section 7-702,
Steps you must take to sue the Maryland Transit Administration or its employee under the MTATCA:
- Mail, deliver, or fax, a letter to the MTA stating why you believe the MTA (or its employee) did something wrong and why the MTA should be responsible for your injury. You should send this claim letter to the MTA within one year of the date that your injury occurred. Information to put in the claim letter includes:
- The name and address of the people involved.
- A statement of how, where, and when the injury occurred, bus line or bus number
- A description of the injury.
- A demand for specific damages such as a particular amount of money.
- If you are represented by a lawyer, the lawyer’s name, address, and telephone number.
- Your signature and contact information.
- If you miss the one year deadline to send a claim letter to the MTA, you can still file a lawsuit, but the MTA may have a defense to the suit and could ask the court to dismiss your case. The court will decide whether to allow your case to go forward. Transportation Article of the Annotated Code of Maryland Section 7-702q
- If you do file a claim letter, the MTA should investigate your claim, just like an insurance company would. The investigation may take some time. If you are running out of time to file your lawsuit under the statute of limitations, do not wait for the MTA’s response.
- When you file the lawsuit, you must still serve the complaint, the summons, and any other documents according to the Maryland Rules to the administrator of the MTA. Suit should be filed against the Maryland Transit Administration only and not against the employee.
- What happens if I win my lawsuit against the MTA? Unlike the State (under the MTCA) or a local government (under the LGTCA), if you win your lawsuit against the MTA, there is not a limit on the amount that the MTA may be required to pay to you under the MTATCA. However, there may be other limitations on the amount of damages you can receive; for example, a limitation on non-economic damages. Read the Law: Maryland Code, Courts and Judicial Proceedings, Section 11-108
Transportation Article of the Annotated Code of Maryland Section 7-702
(a) Subject to the provisions of this section, the Administration is liable for its contracts and torts and for the torts of its officers, agents, and employees in connection with the performance of the duties and functions of the Administration under this title.
(b) The exclusive remedy for a breach of contract or for a tort committed by the Administration, its officers, agents, or employees is a suit against the Administration. No execution may be levied on any property of this State or of the Administration.
(c) Subsection (d) of this section does not apply to a tort claim that is asserted by cross-claim, counterclaim, or third-party claim.
(d) A tort claimant may not institute an action under this section unless:
(1) The claimant submits a written notice of claim to the Administrator or the Administrator’s designee within 1 year after the injury to person or property that is the basis of the claim;
(2) The Administrator or the Administrator’s designee denies the claim; and
(3) The action is filed within 3 years after the cause of action arises.
(e) A notice of claim under this section shall:
(1) Contain a concise statement of facts that sets forth the nature of the claim, including the date and place of the alleged tort;
(2) State the name and address of the claimant;
(3) State the name, address, and telephone number of counsel for the claimant, if any; and
(4) Be signed by the claimant, or the legal representative or counsel for the claimant.
(f) A claim under this section is denied:
(1) If the Administrator or the Administrator’s designee sends the claimant, or the legal representative or counsel for the claimant, written notice of denial; or
(2) If the Administrator or the Administrator’s designee fails to give notice of a denial within 6 months after the sending of the notice of claim.
(g) Notwithstanding any other provision of this section, unless the Administration affirmatively shows that its defense has been prejudiced by the lack of the required notice, a court may allow the action to proceed even if the written notice of claim was not submitted.
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