What Happens if Someone Hits You with No Car Insurance in Maryland?

You did everything right. You carry auto insurance, you drive carefully, and then someone with no insurance coverage hits you. It’s a frustrating situation, and it’s more common than most people realize. It is an unfortunate reality that many drivers you pass on the roadways in Maryland are breaking the law by driving without car insurance. If you are unlucky enough to get into a car accident with an uninsured driver, there could still be sources of financial compensation available to you. However, you may have to step outside of the traditional car crash personal injury claims in Baltimore, Maryland.

Maryland has a significant uninsured motorist problem, and knowing your options before or right after this happens can make a real difference in what you’re able to recover.

If the at-fault driver does not have car insurance, you will need to file a claim with your own insurance company. Under Maryland law, you are required to have the following insurance coverages for car accidents involving uninsured motorists:

• Uninsured Motorist Bodily Injury – You must purchase $30,000.00 per person and $60,000.00 per accident at minimum. This pays for your medical expenses.
• Uninsured Motorist Property Damage – The minimum requirement is $15,000.00 to pay for damage to your car.

What if the At-Fault Driver Doesn’t Have Insurance?

Maryland mandates that all drivers have minimum car insurance. Unfortunately, some drivers disregard the law. They operate their vehicles without insurance.

When you are seriously injured in a car collision, you expect compensation from the at-fault drivers insurance company. You expect the company to pay you for your financial losses, medical bills, and other damages.

If the at-fault driver does not have insurance coverage, you could be stuck with medical bills and other expenses you cannot afford to pay. Is there anything you can do when the other driver does not have insurance?

Yes, if you’re hit by an uninsured driver in Maryland, your own insurance company will step in and pay you whatever you’re carrying, so long as you have damages to that extent. In other words, your own insurance will take the place of insurance for the at-fault driver.

The Two Classes of Uninsured Drivers

There are two main situations involving uninsured drivers which can lead to insurance claims and ultimately litigation. The first involves what the law refers to as phantom or “hit-and-run” drivers. Phantom drivers may actually have car insurance, but because they fled the scene, for purposes of that case, they are essentially deemed to be uninsured.

The second scenario involves an identified driver, but who has no auto insurance. While they may receive a criminal citation for driving with no insurance, that doesn’t resolve the problem of the injured parties who are looking to receive fair compensation for their injuries.

In either situation, you have the ability to file and pursue a personal injury claim under the uninsured motorist provision of your own insurance policy.

Maryland Contributory Negligence Rule Makes This Harder

Before getting into coverage options, it’s worth understanding something about Maryland law that affects uninsured motorist cases specifically. Maryland follows a contributory negligence standard, one of the strictest in the country. If you’re found even partially at-fault for the car crash, you can be barred from recovering anything at all.

Insurance companies representing uninsured drivers, or your own insurer handling a UM claim, will look for any evidence that you contributed to the vehicle collision. That makes documentation and legal representation more important here than in most other states.

Who Pays for My Medical Bills if the At-Fault Driver Is Uninsured?

If the at-fault driver has no auto insurance (or flees the scene), you generally turn to your own insurance policy. Specifically, you will look for Uninsured Motorist (UM) Coverage. Think of UM coverage as a safety net. You pay premiums for it every month so that if you are hit by someone who is not responsible enough to carry car insurance, your own provider steps into the shoes of the at-fault driver to cover your medical expenses, loss of income and vehicle damage

What if the At-Fault Driver Has Insurance, but It Isn’t Enough to Cover My Bills?

Sometimes a driver does have insurance, but they only carry the state minimum liability limits. If your medical bills are $50,000, but the at-fault driver only has $30,000 in coverage, you have a gap. In this case, you would look to your Underinsured Motorist (UIM) coverage. This coverage kicks in once the at-fault motorists limits are exhausted. It is crucial for serious car crashes where hospital bills pile up quickly. Building a strategy to access both the at-fault driver’s limits and your own UIM limits is something an experienced personal injury auto accident attorney handles regularly.

Will My Insurance Rates Go Up if I File a UM/UIM Personal Injury Claim?

This is a valid fear. Many injured victims hesitate to use their own car insurance because they don’t want to be penalized for a car crash that wasn’t their fault.

Generally speaking, insurance companies are prohibited from raising your insurance premiums for a car wreck that was not your fault. However, insurance rating systems are complex. While using your insurance coverage is necessary to get your bills paid, having a personal injury attorney manage the claim ensures your rights are protected during the process.

Can I Just Sue the Uninsured At-Fault Driver Directly?

Technically, yes, you can file a lawsuit against the uninsured at-fault driver. However, in the legal world, we often say, “You can’t get blood from a turnip.”

If the at-fault driver cannot afford auto insurance, it is highly unlikely they have significant personal assets to pay a court judgment. Spending time and money to sue an individual with no money often results in a “paper judgment” – a victory in court that puts no money in your pocket. This is why focusing on insurance policies (yours and potentially others in your household) are usually the most effective route to securing compensation.

Uninsured Motorist Coverage for Hit-and-Run Accidents

In many cases, the hit-and-run driver is never found. However, you may still have options for recovering compensation. If you have been the victim of a hit-and-run accident in Baltimore, the state lets you file an Uninsured Motorist claim with your own insurance company for your vehicle damages, medical bills, lost wages and pain and suffering.

To use this coverage, you will need to meet the following criteria:

• Report the hit-and-run accident within a reasonable timeframe after it happens to your insurance company.
• Have police report from law enforcement.
• Have had actual contact with the other vehicle who caused the crash and injuries, or you had the car accident and hit something other than the hit-and-run vehicle, but that vehicle caused the accident. You must have a witness to the accident sign an affidavit that confirms this.
• You are not negligent in identifying the hit-and-run driver.

Contact the Law Offices of Larry B. Litt if You Need Help with an Uninsured Car Accident in Maryland

When you’re dealing with the aftermath of a car accident and thinking “What happens if someone hits me with no car insurance in Maryland, what are my options,” the situation can feel unfair and stressful. The real challenge is not just the car crash itself, but the fact that recovery depends on understanding insurance systems that are not designed to be intuitive. Most of the risk comes from delays, incomplete documentation, and misunderstanding how uninsured motorist coverage actually works. The importance of having a knowledgeable personal injury attorney is clear from the above, UM/UIM scenarios are complex and can be overwhelming if not handled by an experienced and knowledgeable Baltimore car collision attorney. Ensuring that you have the maximum amount of insurance available – whether through your policy or someone else’s – is essential to obtaining the best possible result in every individual case.

Contact us today for a free consultation. It costs you nothing to speak with one of Baltimore’s most respected car injury lawyers who handle uninsured motorists claims daily. Contact the Law Offices of Larry B. Litt at 443-844-1528 today, and schedule a time to chat about uninsured or underinsured motorist accidents that are not your fault. We are ready to put our expertise and experience to work for you. We are available to help you, day or night 24/7/365.