While car insurance is a legal obligation in Maryland, it is difficult to enforce. As a result, every year, drivers and pedestrians find themselves injured in accidents they cannot afford, with drivers whose insurance is either non-existent or insufficient.
If this happens to you or a loved one near Gaithersburg, Maryland, car accident personal injury lawyer Monty Yolles can help you navigate an uninsured motorist insurance claim to get compensation for your injury and/or property damage.
Here is what you need to know about Uninsured Motorist (UIM) insurance coverage and claims in Maryland.
What Is Uninsured Or Uninsured Motorist Coverage?
The terms uninsured and underinsured motorist coverage are somewhat similar and are often used interchangeably, but there is a subtle difference between them.
Uninsured motorist (UM) coverage is insurance that you buy for yourself in the event you are involved in an accident with somebody who doesn’t have any insurance. Therefore, the other party was uninsured.
Underinsured motorist coverage (UIM), applies if you are involved in an accident and the other person has some, but does not have enough, coverage. If your policy has limits greater than the at-fault driver’s coverage, it is available to supplement the available coverage up to your own policy limit.
Because of Maryland’s laws, having UM/UIM insurance is highly recommended, so it is important to understand how they work.
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How Does Uninsured Or Underinsured Motorist Coverage Work In Maryland? What Does It Typically Cover?
Uninsured Motorist and Underinsured Motorist (UM/UIM) coverage is contractual, and the precise details of coverage and policy limits will thus vary from contract to contract. It is something that you buy for yourself under your own policy with your own insurance company.
If you are then involved in an accident with somebody who does not have any insurance, you are able to make a UIM insurance claim against your own insurance company and they will cover injury and/or property damages. Your own insurance company steps into the place of the other driver’s insurance. In the case of an underinsured driver, it gets slightly more complicated.
First, you make a claim against the insurance company of the person at fault. They will then send an offer, including their policy limits, which you can then take back to your own carrier and show that your claim is worth more than what the other’s policy can afford. You then make a claim for what you need in excess of those policy limits with your own insurance company.
How Do I Access My Underinsured Motorist Coverage Benefits?
Accessing these benefits is never as simple as merely asking for them. There are plenty of statutory requirements with which you must first comply, which is one reason why you may want to work with a lawyer when facing an uninsured or underinsured motorist claim.
First, you need to let your carrier know by certified mail that you’ve received a policy limits offer. That policy limits offer also has to be in writing.
Then, your insurance carrier has a window of 60 days from the date that they have received your certified mail to decide whether you can accept the policy limits from the other driver’s insurance (the tortfeasor) and sign a release.
If they do not give you permission to do that, then your own carrier has to tender the policy limits, but they retain their rights to go after the tortfeasor if they pay out anything additional.
What Happens If You Do Not Have UM/UIM Coverage In Maryland?
If you are hit by an uninsured or underinsured motorist and you don’t have UM/UIM coverage in Maryland, there is a fund that could be available to you through the state of Maryland. However, if you had the opportunity to have UM/UIM coverage and you waived it, you are not eligible for that fund.
In order to be eligible for that fund, you would need to not have a car registered to you or have had the opportunity to have insured yourself or be insured under a policy that waived UM/UIM coverage.
As a result, this fund is almost exclusively available to Maryland residents who do not drive, such as pedestrians, bicyclists, and other individuals who have never needed car insurance.
Can I Sue The Uninsured Motorist For The Damages They Caused In Court?
If you don’t have the necessary coverage, you can still pursue a claim against the person who hit you or caused your injuries or property damage. Whether or not you’re able to recover, however, will depend on that individual’s ability to pay.
Unfortunately, if they did not have insurance, or only a very low policy limit, chances are they do not have assets worth seizing.
This is why it is strongly recommended that each motorist has uninsured or underinsured coverage through their own insurance company.
Call A Personal Injury Lawyer If You Have Been Hit By An Uninsured Motorist In Maryland
If you do have the misfortune to be injured in a car accident with an uninsured or underinsured motorist in Gaithersburg or anywhere else in Maryland, you should reach out to personal injury lawyer Monty Yolles.
There may be alternative avenues you can pursue to recover your injury or property damages, and at the very least, he can help ensure that your UM or UIM coverage is correctly claimed and you are not deprived of essential compensation.
However, he can only help if you have not already finalized your claim with either insurance, so make that phone call to (301) 670-0443 or reach out online as soon as possible for a better chance of full recovery.
