Can You Sue Someone After Insurance Pays in Maryland?

Can You Sue Someone After Insurance Pays in Maryland?

can someone sue you after insurance pays in maryland

Recovering compensation for injuries and damages after an accident in Maryland can be a big challenge, especially if the at-fault party was uninsured or underinsured. What happens if you receive a settlement from the other driver’s insurance, but it isn’t enough to cover your financial losses, let alone your pain and suffering? Can you sue someone after insurance pays in Maryland?

These are such important questions, and they are ones that we answer all the time at our law firm as we help Maryland’s car accident victims recover from their injuries. It is unfortunately very common that an insurance payout on its own is not enough to set you on the path to recovery. We are here to help you figure out your next steps when this is the case.

Why Isn’t Insurance Enough? 

Maryland sets a minimum limit on the coverage your car insurance is required to provide. This minimum standard means that a driver is legally permitted to be on the roads in a motor vehicle. Still, their insurance company may not pay out enough to cover your expenses. 


Maryland’s minimum coverage is: 

  • $30,000 for bodily injury per person
  • $60,000 for bodily injury per accident
  • $15,000 for property damage

Often, your injuries exceed $30,000 in medical costs, especially if you were seriously injured. If multiple people were injured in the accident, the at-fault driver’s insurance may not cover enough for everyone’s injuries, and you could end up getting even less than $30,000 to pay your bills. 

Uninsured Motorist Coverage

Maryland drivers are also required to carry uninsured/underinsured motorist coverage. When you are injured by the actions of an uninsured or underinsured motorist, this coverage ensures that your insurance will step in and pay the costs. 

motorist coverage

The coverage minimums for this uninsured/underinsured motorist insurance are the same as the minimum requirements for a liability third party policy: 

  • $30,000 for bodily injury per person
  • $60,000 for bodily injury per accident
  • $15,000 for property damage

What Are the Financial Costs Associated with a Car Accident? 

Car accidents are expensive. In addition to the property damage to your vehicle, your expenses may include: 

  • Medical treatment at the scene of the accident
  • Emergency transport to the hospital
  • Medical treatment at the hospital, including a hospital stay, visits with specialists, imaging and testing, and medications
  • Surgery costs
  • Follow-up doctor’s appointments
  • Physical rehabilitation
  • Occupational therapy 
  • Mental health therapy for trauma related to the accident
  • Pain medication and other prescription medications
  • Lost wages from missed work
  • Lost earning capacity if you are unable to return to work, either long-term or permanently, because of your injuries

There are also non-economic costs that accompany a car accident: 

expenses add up
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of consortium
  • Permanent disability
  • Scarring and disfigurement

All of these things add up, causing significant challenges to accident survivors and their families. As you can see, minimum insurance coverage just isn’t enough. 

Can You Sue for More Than What Insurance Pays Out? 

You can certainly sue for more than what insurance pays out, but keep in mind that many settlements will include clauses that state that you won’t sue for additional damages, meaning that the at fault driver won’t have to pay an additional money for your injuries and damages. 

That is why it is so important to speak with a qualified and experienced car accident attorney who can look over your case before you accept any settlement from the other driver’s insurance company. An attorney will be able to review the specifics of your case and help you determine if you have grounds for a personal injury lawsuit.

If you do, you may be able to receive significantly more than what the insurance company is willing to pay. Check out Zirkin and Schmerling success stories to learn from our clients who have chosen to forego the insurance company’s initial offer to get more appropriate compensation for their damages, pain, and suffering. Call the firm at 410-753-4611 today.  

What Role Does Negligence Play? 

Negligence is the legal term for a person’s failure to behave in a way that any reasonable person would have if faced with the same circumstances. 

If a person acted negligently or failed to act, and that negligence caused your injuries, then you are likely eligible for compensation. Your attorney will be able to make a stronger case related to negligence than you can on your own, as attorneys have significant experience making legal arguments related to negligence. 

Your attorney will use the following evidence to put together an argument proving who was responsible for the accident: 

  • Video and photo evidence from the scene of the accident
  • Eyewitness statements
  • Police reports
  • Expert witnesses 
  • Security footage
  • Scientifically sound accident re-enactments 
  • Data from the vehicles themselves, if it is available
  • Toxicology reports
  • Cell phone records of the at-fault driver
  • Driving histories or patterns of traffic violations

What Happens if Insurance Doesn’t Want to Settle?

If your insurance claim is denied, it is likely because the insurance company is claiming that you were responsible for the accident. In this case, a car accident attorney can make a compelling argument about the other party’s fault. 

Your lawyer may need to make this argument to the insurance company or a judge or jury, depending on whether or not pretrial negotiations are successful. 

Zirkin & Schmerling: Helping Maryland’s Accident Victims Get Compensation

Receiving fair compensation after a car accident in Maryland can be very challenging. While insurance companies may make initial settlement offers, these are often far lower than what accident victims truly require to cover expenses and damages.

Fortunately, victims have the option to reject these offers and pursue legal action to get the full compensation they deserve.

By hiring an experienced car accident attorney, car accident victims can build strong negligence claims to hold the at-fault parties fully accountable. At Zirkin & Schmerling, our attorneys have a proven track record of getting car accident clients far more than just insurance payouts. Never wonder, can someone sue you after insurance pays in Maryland? Get the answers from the experts.

We work tirelessly so our clients can focus on healing, getting their lives back on track, and securing the maximum damages award they rightfully deserve. Contact us today for a free consultation of your case or call the firm at 410-753-4611