Uninsured and Underinsured Motorist Coverage in Maryland

Uninsured and Underinsured Motorist Coverage in Maryland

An accident with an uninsured or underinsured driver can leave you with serious injuries and many questions about how to pay your medical bills.

Maryland law requires every auto liability insurance policy to include uninsured and underinsured motorist coverage. But getting a fair settlement after an uninsured motorist accident can be complicated.

A car accident lawyer at Greenberg Law Offices can help Maryland crash victims understand their legal rights and fight for full compensation.

What Is Uninsured Motorist Coverage?

Uninsured motorist (UM) coverage protects you after a crash caused by another driver who has no car insurance.

The coverage is also available if the other driver who caused the collision flees the scene and is an unidentified hit-and-run driver. In those situations, you can file a claim against your own uninsured motorist coverage in Maryland.

What Is Underinsured Motorist Coverage?

Underinsured motorist (UIM) coverage applies if the at-fault driver doesn’t have enough bodily injury liability insurance coverage to compensate you for your losses.

This is a common situation after serious accidents, particularly when multiple people are injured, and the at-fault driver’s coverage gets divided among several accident victims. Your UIM coverage then supplements what their insurer pays.

Maryland Legal Requirements for UM/UIM Coverage

Maryland law requires every auto liability insurance policy issued in the state to include UM/UIM coverage.

The minimum limits are $30,000 per person and $60,000 per accident for uninsured motorist bodily injury, plus $15,000 for property damage. Unless you sign a waiver, your UM/UIM limits must match your liability coverage limits.

State law also sets a mandatory $250 deductible for any uninsured motorist property damage claim.

Standard UIM vs. Enhanced Underinsured Motorist (EUIM): Which Is Better?

When processing a standard UIM claim, your insurer subtracts whatever the at-fault driver’s insurer pays before calculating what it owes you.

Enhanced underinsured motorist (EUIM) coverage allows you to stack both policies together, which typically provides more coverage. For new Maryland auto policies issued on or after July 1, 2024, EUIM is the default.

Key Differences Between Uninsured and Underinsured Motorist Claims

The difference between uninsured and underinsured motorist coverage is the status of the at-fault driver’s insurance.

UM coverage applies when the at-fault driver has no insurance or when the at-fault driver’s identity is unknown. UIM coverage applies when the at-fault driver has auto insurance, but doesn’t have enough insurance to cover all your losses.

You file a claim against your own insurer to access either type of coverage.

What Losses Are Covered Under Maryland UM/UIM?

Maryland UM/UIM coverage can compensate you for a wide range of crash-related losses, including:

  • Medical expenses
  • Lost wages
  • Vehicle repair or replacement costs
  • Pain and suffering
  • Emotional distress
  • Lost quality of life
  • Wrongful death-related losses

The Impact of Contributory Negligence on Your Claim

Maryland’s contributory negligence rule eliminates your right to recover compensation under a UM/UIM policy if you are even 1 percent at fault for the accident.

Insurance companies will look for evidence that you contributed to the accident to deny your claim. An experienced car accident lawyer can stand up for you and protect your right to demand fair compensation.

Steps to Take After a Hit-and-Run or Accident with an Uninsured Driver

If you’re involved in a hit-and-run or accident with an uninsured driver, you should:

  • Report the accident to the police
  • Seek prompt medical attention and keep follow-up appointments.
  • Gather as much evidence from the scene as possible, including contact information for any witnesses.
  • Watch what you say or post about the accident.
  • Contact a car accident lawyer as soon as possible.

How to File a UM/UIM Claim in Maryland

Start your Maryland UM/UIM claim by reporting the accident to your insurer as soon as possible.

Provide the crash report, documentation of your injuries, medical bills, and any evidence from the scene. Your insurer will assign an insurance adjuster to evaluate your claim. The adjuster may make a settlement offer.

You should consult an experienced car accident lawyer before signing anything or accepting any settlement offer. An attorney can discuss whether the offer is fair and explain your other options for seeking compensation.

Statute of Limitations for UM/UIM Claims in Maryland

In Maryland, the statute of limitations for filing a claim against your insurer for breach of contract is generally three years from the date your insurer denies your UM claim.

Some pol-icy-specific notice requirements may impose even earlier deadlines, so don’t wait.

FAQs About Uninsured and Underinsured Motorist Coverage in Maryland

If you have questions about how uninsured and underinsured motorist coverage works in Maryland, Greenberg Law Offices can help. Here are answers to some of the most common questions we hear.

Does UM coverage pay for hit-and-run accidents in Maryland?

Yes. Insurers treat hit-and-run drivers as uninsured motorists.

That means your UM coverage applies if an unknown driver hits you and then flees. You will need a crash report and, in most cases, proof of physical contact between the vehicles to support your claim.

Some policies have additional notice requirements for hit-and-runs, so review your policy carefully and always report the accident right away.

Can I use UM/UIM coverage for damage to my car?

Yes, Maryland UM/UIM policies include property damage coverage.

If an uninsured or underinsured driver damages your vehicle, you can file a claim for repair or replacement costs, as well as loss of use of your vehicle while it’s out of commission. State law sets a mandatory $250 deductible for UM property damage claims.

Your policy limits determine the maximum amount available.

What happens if I was partly at fault in the accident?

In Maryland, even minimal fault on your part bars you from recovering compensation through a UM/UIM claim.

Insurance companies often raise contributory negligence arguments specifically to deny UM/UIM claims. If an insurer contends that you share fault, an experienced car accident lawyer can challenge that position on your behalf.

Will filing a UM/UIM claim raise my insurance rates?

Possibly. Maryland law doesn’t prohibit insurers from increasing your premiums after a UM/UIM claim.

While filing a UM/UIM claim won’t result in the same surcharges as an at-fault accident claim, your insurer could remove certain discounts or adjust your rate after the claim.

What should I do if my insurance company denies my UM/UIM claim or offers too small a settlement?

A denial or lowball offer from your own insurer isn’t the end of the road.

You have the right to dispute the insurer’s position and pursue litigation. A car accident lawyer can assess your options and help you pursue any recovery available by law.

When to Consult a Maryland Car Accident Lawyer

If an uninsured or underinsured driver hurt you, don’t try to handle the insurance claims process on your own.

Insurers have legal teams working to limit the amount they pay to resolve claims. Maryland’s contributory negligence rule gives them an argument to deny many claims.

The car accident lawyers at Greenberg Law Offices know how to counter insurance company tactics and build the strongest possible case on your behalf for just compensation.

Contact us now to learn more in a free consultation.