As a driver, it’s important to know your options for compensation after a car accident. Despite having UIM insurance and exhausting policy limits, you may still have damages that need to be covered.
All drivers need underinsured motorist coverage in Maryland. This is in addition to liability insurance, which has the same minimum coverage requirements as UIM policies. UIM insurance attempts to cover victims’ damages that exceed negligent drivers’ liability insurance coverage limits. Though UIM is mandatory and useful, it does not always fully bridge this gap. When victims still need compensation for damages, they can file lawsuits against underinsured motorists. This could ensure your full recovery of medical expenses, lost wages, and intangible damages after a serious motor vehicle accident in Maryland.
Call the Maryland car accident lawyers of Rice, Murtha & Psoras at (410) 694-7291 for a free case assessment.
Do You Need Underinsured Motorist Coverage in Maryland?
Underinsured motorist coverage is mandatory for all drivers in Maryland, according to Md. Code, Ins., § 19-509.1. Drivers must carry this coverage in addition to obligatory liability insurance. Instead of covering someone else’s injuries, UIM insurance covers yours if a negligent driver does not have sufficient liability insurance or leaves the scene without exchanging information to evade liability.
The current mandatory minimums for underinsured motorist coverage in Maryland are $30,000 per person for bodily injury, $60,000 per accident for bodily injury, and $15,000 per accident for property damage. These are the same minimum requirements for liability insurance.
Underinsured motorist coverage seeks to cover the difference between a negligent driver’s liability insurance policy limits and the rest of a victim’s damages. Like all auto insurance policies, UIM coverage may not fully compensate victims for their pain and suffering or other intangible damages, a top reason why victims may file lawsuits against at-fault drivers.
Drivers can also get enhanced underinsured motorist (EUIM) coverage as an optional add-on in Maryland. The policy limits of your EUIM plan must match the limits of your liability insurance policy. So, if you enhance your underinsured motorist coverage, you must do the same for your liability insurance. With EUIM coverage, injured drivers can collect the full amounts under their policies and the full amounts under an at-fault driver’s UIM policy, which they are also required to maintain in Maryland. While EUIM can provide much higher payouts than UIM, it also comes with more expensive premiums, making it less common among drivers overall.
Does Underinsured Motorist Coverage Prevent You from Suing for Car Accident Injuries in Maryland?
Generally, victims’ damages from car accidents exceed policy limits for liability insurance and underinsured or uninsured motorist coverage in Maryland. When injured due to negligence, victims can seek compensation for their many damages from lawsuits filed by our attorneys.
UIM coverage does not prevent injured drivers from suing negligent ones; it simply acts as a safety net in case at-fault parties do not have the appropriate liability insurance or flee the scene, making it challenging to identify them to file lawsuits. If a negligent driver leaves the crash site without exchanging information, our attorneys can investigate the matter by reviewing the police report, interviewing eyewitnesses, and reviewing footage from nearby security cameras. Though uninsured and underinsured motorist coverage can come in handy after hit-and-runs, we may still be able to identify at-fault parties and file lawsuits to maximize victims’ recoveries.
Medical care for serious injuries is expensive, and costs could quickly exceed the policy limits of the negligent driver’s liability insurance and the victim’s UIM coverage. Compensation for these damages can come from a lawsuit, which our lawyers can file within three years, as required under Md. Code, Cts. & Jud. Proc. Art., § 5-101. While preparing your case, we will watch all damages, primarily your medical costs and lost wages. Suffering disabling injuries could prevent victims from returning to work, affecting their incomes, and these damages are compensable in lawsuits.
Even if you have already accepted a payout from your UIM coverage, you may still be able to file a lawsuit to seek compensation for additional damages your policy could not cover. Our Baltimore car accident lawyers can help victims navigate these situations so they do not have to pay out of pocket for any damages due to another driver’s negligence.
Getting Compensation from Underinsured Motorists in Maryland
Underinsured motorist coverage can only go so far and may not fully bridge the gap between what the negligent driver’s liability insurance pays and the victim’s total damages. In these situations, victims may still get compensation from underinsured or uninsured motorists by filing lawsuits, which our lawyers can oversee and prepare. Many claims are settled out of court, and we will need evidence to ensure the final sum is fair.
Preserving Evidence
In any car accident lawsuit, we need evidence of negligence and liability. Evidence of liability could be scarce in cases involving underinsured motorists and hit-and-runs. Because of this, we will quickly obtain any evidence that places them at the scene, such as footage from nearby security cameras and eyewitness statements. Physical evidence such as debris, tire marks, and glass on the road can also help prove liability. Do your best to photograph the scene so our lawyers can give those pictures to accident reconstruction experts to review.
Negotiating Settlements
Underinsured motorists often want to settle out of court, as being found liable by a jury could yield substantial awards. Our lawyers can consider this during settlement negotiations while asserting your claim’s value. Settlements with uninsured or underinsured motorists may be structured, meaning victims receive partial payments over time, typically several months or years. Juries also consider defendants’ financial ability when deciding how they will pay victims, whether in one lump sum payment or over structured payments.
Call Our Car Accident Attorneys in Maryland Today
Call our Bethesda car accident lawyers for help with your case from Rice, Murtha & Psoras at (410) 694-7291.