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

If the other driver does not have insurance, you will need to file a claim with your own insurance company. Under Maryland law, you are required to have the following coverages for 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 other driver’s insurance company. You expect the company to pay you for your financial losses, medical bills, and other damages.

If the other 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 unlicensed or 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 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 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 claim under the uninsured motorist provision of your own insurance policy.

Roadway injury auto accidents caused by unlicensed drivers

It’s a sad fact of life that there are so many people –perhaps more than anyone realizes – who are operating motor vehicles at this very moment without a valid driver’s license. Perhaps it is a commentary on personal responsibility, or maybe a reflection of the necessity of personal transportation, but the odds are that you or a loved one may end up sharing the road with an individual who either has not been licenses by the State of Maryland or who has lost his or her license due to a bad driving record.

The impact of the “great recession” has hit many people very hard, which could account for the number of uninsured drivers plying the roadways in and around Baltimore. But the thought of unlicensed motor vehicle operators driving around our communities just adds that much more anxiety for individuals and families concerned with their health, safety and well-being, as well as that of their family members.

As experienced auto accident lawyers, the legal team at the Law Offices of Larry B. Litt, shares the concern that the threat of unlicensed drivers presents on our public roads. Whether one finds themselves in a car, truck, Uber, Lyft or motorcycle accident along a rural route, beltway, or interstate, the thought that an accident may have been caused not only by a negligent driver, but that the responsible party should never have been operating a vehicle of any kind in the first place can be very upsetting.

Various studies have shown that those individuals who opt not to apply for a legitimate motor vehicle operator’s drives license, or who have had their license suspended or revoked, represent a segment of the driving public that have been identified as one of the most dangerous groups on the road today. One or more studies have indicated that unlicensed motorists are some of the most hazardous individuals driving cars, trucks and motorcycles.

Because no one has had a chance to evaluate the skills and driving capabilities of an unlicensed driver there is no good way to quantify the impact that even one of these individuals might have on other innocent people. Certainly, the chances of being injured or killed by someone who has not been properly licensed here in Maryland, or anywhere for that matter, can be greater than if a person does have a valid driver’s license.

Police can often have a difficult time locating an unlicensed driver whose negligent actions have resulted in an auto collision. With no records pertaining to their residence, driving record and other vital information, these scofflaws can be difficult to link to the very vehicle with which they caused the injury car wreck.

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 a 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.


The importance of having a knowledgeable attorney is clear from the above, UM/UIM scenarios are complex and can be overwhelming if not handled by an experienced and knowledgeable Baltimore 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 unlicensed drivers and no car insurance accidents that are not your fault. We are ready to put our experience to work for you. We are available to help you, day or night 24/7.