What This Page Covers
- How uninsured motorist (UM) coverage can apply when an at-fault driver has no auto insurance.
- How underinsured motorist coverage may help when the other driver’s policy is not enough to cover your losses.
- How UM coverage can apply in hit-and-run crashes and in some passenger, pedestrian, and bicycle accident situations.
- What evidence to gather, how to notify your insurer, and why policy limits and deadlines matter.
Why This Matters
- A serious crash can leave you facing medical bills, lost income, vehicle damage, and pain even when the at-fault driver cannot pay.
- Your own auto policy may provide a financial safety net, but the amount available depends on the coverage and limits in effect.
- Insurance claims can involve notice requirements, settlement rules, and deadlines that make early action important.
Key Actions You Can Take
- Call the police and obtain a crash report, especially after a hit-and-run.
- Photograph the scene, vehicle damage, license plates, and visible injuries when it is safe to do so.
- Collect witness names and contact information and keep records of medical treatment, bills, and missed work.
- Report the crash to your insurer promptly and request a copy of your declarations page so you can review your UM/UIM limits.
- Speak with a Maryland personal injury lawyer before signing a release or accepting a settlement if you have significant injuries or questions about coverage.
Maryland Uninsured Motorist Coverage: You May Still Have a Path to Recovery
What Happens When the At-Fault Driver Has No Insurance?
Discovering that the driver who caused your crash is uninsured can be alarming. You may already be dealing with emergency care, follow-up treatment, missed work, and repairs, only to learn that the other driver has no liability coverage available. In Maryland, that does not necessarily mean there is no source of compensation. Your own auto policy may include uninsured motorist coverage that can respond when the responsible driver has no insurance.
What UM Coverage May Pay For
Uninsured motorist coverage is designed to provide protection for losses that ordinarily would have been pursued against the at-fault driver’s insurer. Depending on the facts of the claim and the policy, recoverable losses may include medical expenses, lost wages, pain and suffering, and property damage. The key is to identify which policy applies, what limits are available, and what proof is needed to support the claim.
How Much Can You Recover Through UM Coverage in Maryland?
Your Policy Limits Matter
The amount available through a UM claim is tied to the limits of the applicable insurance policy. Maryland policies provide UM protection subject to the coverage limits shown in the applicable policy, and many drivers choose limits above the minimum required coverage. A declarations page can help you confirm the coverage you purchased, including the bodily injury and property damage limits that may apply. If your losses are below the available limit, the claim may be paid up to the proven amount of those losses. If your damages exceed the policy limit, the insurance available may cap the amount recoverable under that coverage.
Why Reviewing Your Coverage Before a Crash Helps
Drivers in Baltimore, Pikesville, Glen Burnie, Annapolis, Frederick, Gaithersburg, Bowie, and throughout Maryland can benefit from understanding their own policy before a serious accident happens. Knowing your UM/UIM limits can reduce confusion after a crash and help you identify the insurance resources that may be available when the other driver is uninsured or underinsured.
Underinsured Motorist Claims: When the Other Driver Has Some Insurance, but Not Enough
How Underinsured Coverage Can Fill a Gap
A different problem arises when the at-fault driver has insurance, but the available liability limits are not enough to cover the full value of the injury claim. Underinsured motorist coverage may help address that gap, subject to the policy terms and available limits. For example, if the other driver’s liability coverage pays its limit but significant uncompensated losses remain, your own UIM coverage may become important.
Be Careful Before Accepting a Settlement
Before finalizing a settlement with the at-fault driver’s insurance company, you may need to satisfy notice or consent requirements under your own policy. Because a release can affect additional coverage rights, it is wise to understand the policy requirements before signing settlement documents.
Hit-and-Run Accidents, Passengers, Pedestrians, and Bicyclists
Hit-and-Run Claims
When a driver causes a collision and leaves the scene, uninsured motorist coverage may still be relevant because the responsible vehicle and its insurance cannot be identified. Promptly reporting the crash to police is especially important. A police report, scene photos, witness statements, and details about the fleeing vehicle can help document what happened and support the insurance claim.
Coverage May Extend Beyond the Driver of the Car
UM coverage can also matter when the injured person was a passenger, pedestrian, or bicyclist. Depending on the circumstances and applicable policies, coverage may be available through the vehicle involved or through the injured person’s own auto policy. These situations can become complicated when multiple policies could apply, so reviewing the available coverage in the correct order is important.
What to Do After an Accident With an Uninsured Driver in Maryland
Document the Crash and Your Losses
The first hours and days after a collision can shape the strength of an insurance claim. Get medical attention when needed, report the accident, and preserve evidence. Keep copies of medical records, bills, wage-loss documents, repair estimates, photographs, and insurance correspondence. Write down the dates and substance of calls with insurers so you have a clear record of the claim process.
Notify Your Insurance Company Promptly
Even when you are not yet certain whether the other driver has valid insurance, report the collision to your carrier and ask how to open a UM or UIM claim if necessary. Request your declarations page and review the policy’s notice requirements. Some insurance policies may impose notice requirements that arise well before the general lawsuit deadline, making prompt notification important.
Know the Maryland Personal Injury Deadline
Most Maryland car accident lawsuits are generally subject to a three-year filing deadline from the date of the crash. Waiting can still create problems long before that deadline because surveillance video may be erased, witnesses can become harder to locate, and memories can fade. Early investigation helps preserve evidence while it is still available.
Dealing With Your Own Insurance Company After an Uninsured Driver Crash
Your Insurer Still Evaluates the Claim
A UM claim is made through your own insurance company, but that does not mean every issue will be automatically accepted. The carrier may question fault, medical causation, the value of treatment, wage loss, or the amount of pain and suffering claimed. Clear documentation and a consistent medical history can help support the full extent of your losses.
Legal Guidance Can Help With Complex Coverage Issues
If the injuries are serious, the other driver fled, multiple insurance policies may apply, or the insurer disputes the value of the claim, legal guidance can help you understand the available coverage and the steps needed to protect it. This can be particularly important before signing a release, giving a recorded statement, or accepting a settlement that is intended to close the claim.
Talk With Experienced Maryland Personal Injury Lawyers
Zirkin & Schmerling Injury Lawyers represents people injured in Maryland car accidents, including cases involving uninsured and underinsured drivers. If you were hurt in Baltimore, Pikesville, Glen Burnie, Annapolis, Frederick, Gaithersburg, Bowie, or elsewhere in Maryland, an attorney can review the crash, identify potentially available insurance coverage, and help you understand the next steps. We offer a free consultation to discuss your situation and your legal options.
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