What Happens If the Other Driver Doesn’t Have Insurance After a Car Accident in Maryland?
Getting into a car accident can put even the most put-together of us into a tailspin. At least you have insurance, right? What happens if you’ve been responsible and have coverage, but the other person involved does not?
If an uninsured driver causes a car accident in Maryland and doesn’t have the proper coverage, that doesn’t necessarily mean that you will be left holding the financial bag.
Maryland auto insurance policies generally include uninsured motorist coverage, which may help to compensate a person when they are in a collision with an uninsured motorist. It might be enough to pay for losses, but it also might not be enough.
Understanding how uninsured or underinsured motorist claims work can help you know what options are available after an accident.
What Happens If an Uninsured Driver Hits You in Maryland?
Normally, if another driver causes an accident, you can pursue a claim against the driver’s liability insurance coverage. But what happens if the other motorist isn’t insured or is underinsured? Things can get complicated.
Instead of relying solely on the other driver’s insurance company, you may need to turn to your own carrier to file an uninsured motorist claim. That doesn’t necessarily mean you are in the clear. An uninsured motorist claim can still become a disputed insurance claim.
If you turn to file with your own insurance, your insurance company may investigate the accident, determine who is responsible, evaluate your injuries, and question the amount of compensation you are seeking.
Having insurance coverage doesn’t automatically mean that every loss you incur will be covered without question. No insurance coverage does.
What Is Uninsured Motorist Coverage in Maryland?
Uninsured motorist coverage, often referred to as UM coverage, is designed to protect you if the person you collide with does not have the proper coverage.
Depending on the circumstances of the accident and the terms of the policy, uninsured motorist coverage may help compensate you for losses associated with the collision, which can include:
- Medical expenses
- Lost income
- Future medical treatment
- Pain and suffering
- Other damages resulting from your injuries
The amount you are eligible for depends on factors including your insurance coverage, the circumstances surrounding the accident, and the extent of your damages.
What If the Other Driver Has Insurance, But It Isn’t Enough?
Sometimes the problem isn’t that a motorist is uninsured.
There are times when the person responsible for an accident has coverage, but the policy terms aren’t enough to compensate an injured person for the full extent of their damages. If an auto accident causes serious injuries, there is always the concern of limitations on payout.
Things like hospitalization, surgeries, and rehabilitation all take recovery time away from work, and there can be long-term medical treatment needs that can quickly exceed the amount of insurance available attributed to the at-fault driver.
Depending on your policy and the particular specifics of the accident, underinsured motorist coverage may provide another potential source of compensation.
What Happens If the Driver Leaves the Scene?
Hit-and-run accidents present an entirely different issue. You may not know whether the driver who hit you had insurance or not. If a driver causes an accident and leaves the scene before they are identified, uninsured coverage may potentially apply. That is why documenting a hit-and-run accident is critical.
If you are physically able to do so, contact law enforcement and report the accident immediately. It’s important to recount as much information as you have about the other vehicle. You will want to make special note of the color, make, model, and direction that the other car was traveling. Also, if you have a partial license plate, that is more helpful than none at all.
Things like photographs, surveillance cameras, dash cams, and eyewitnesses may also help identify the vehicle or establish what actually happened.
Can I Sue an Uninsured Driver Personally?
Yes, an uninsured motorist can potentially still be legally responsible for any damages they cause.
Someone who isn’t responsible enough to take out auto insurance coverage, however, is unlikely to have the resources personally to be accountable for damages and losses. Even if they are found liable, there’s very little chance that they will have the capital to pay the awarded amount.
Depending on the circumstances, there may also be questions as to who actually owned the vehicle, whether the driver was working at the time of the collision, or even whether another person or business can potentially share the legal responsibilities.
Every accident differs, which is why determining who is legally at fault may require more than simply looking at who was behind the wheel.
What Should You Do After an Accident With an Uninsured Driver?
The steps you take, and those that you don’t, immediately following an accident might not seem like a big deal in the moment, but they do become important later. If there is a dispute about what happened or the extent of your injuries, what you did from the start can be your biggest asset or downfall.
The first step you should take is to call law enforcement and have the accident reported and documented. It’s important not to skip this step. Deciding to settle it on your own without a member of law enforcement is a huge mistake.
Next, exchange information with the other driver, even if they do not appear to have insurance coverage.
Take photographs of the vehicle, roadway, damage, traffic signs, and anything else that may help to establish how the accident happened. If there are any witnesses, kindly ask if they would be willing to tell their account. Get their contact information if they are open to it.
Most importantly, you should seek appropriate medical attention for your injuries and keep records related to your medical treatment, missed work, and other losses.
Finally, make sure to notify your own insurance company about the collision. Insurance policies can contain notice requirements, so waiting too long to report an accident may create additional problems down the road.
Your Insurance Company Has Its Own Interests to Protect
That’s right, we said it. One of the biggest misconceptions surrounding uninsured motorist claims is that there can’t be a conflict because you are dealing with your own insurance company. Surely, they have your back?
Your insurance company has a contractual obligation to handle your claim according to the terms of your policy and applicable law. At the same time, insurers have an interest in evaluating limitations to what they have to pay out on claims.
Disagreements often arise over liability, medical treatment, whether an injury was caused by an accident, the value of your lost wages, and any future medical treatment required that can be traced to your injury.
For that reason, try to approach the situation knowing that the insurance company isn’t looking to hand you money for all you claim; they are looking to protect their own interests.
What If You Were Partially Responsible for the Accident?
Maryland has something called the contributory negligence rule. It can make determining who is at fault in an accident very important. If an injured person is found to have contributed to causing the accident, even partially, it can affect whether they can fully recover compensation and from which insurance company.
Insurance companies may therefore closely examine statements, photographs, police reports, witness accounts, and other documents related to the accident. Avoid making statements of conjecture. If you don’t know, say you don’t know, and never offer more information than is asked for.
It is critical to say as little as you can until you have representation.
When Should You Talk to a Maryland Car Accident Attorney?
Not every accident requires an attorney. There are times, however, when consulting a Maryland auto accident lawyer is essential. When you are in a collision with an uninsured or underinsured motorist, you could be extra vulnerable.
An attorney can review the available insurance policies, investigate the accident, identify potential sources of compensation, and help determine what options may be available.
The fact that the at-fault driver does not have insurance or enough to cover your claim doesn’t mean that you are out all of the losses.
Consult Troxler & Troxler Today!
If you’ve been the victim of a car accident where the other driver was at fault and uninsured or underinsured, we’re here to help. It is never a good idea to try to go it alone, especially when you don’t have to. Contact us today and let’s get you covered!