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 in Maryland need underinsured motorist coverage. 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 Law at (410) 694-7291for a free case assessment.
Is Underinsured Motorist Coverage Mandatory in Maryland?
Underinsured motorist coverage is mandatory for all drivers in Maryland. 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.
Mandatory Minimums
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.
Optional Enhanced Coverage
Enhanced underinsured motorist (EUIM) coverage is not mandatory in Maryland, but drivers can also get it as an optional add-on. 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 larger payouts than UIM, it also comes with more expensive premiums, making it less common among drivers overall.
What is Uninsured Motorist Coverage?
Suppose a negligent driver is completely uninsured or flees the scene, leaving you unaware of their name or insurance information. In that instance, uninsured motorist (UM) coverage would help cover your injuries.
Is Uninsured Motorist Coverage Mandatory in Maryland?
Uninsured motorist coverage is mandatory for drivers in Maryland. Drivers must carry at least $30,000 for bodily injury per person, $60,000 for bodily injury per accident, and $15,000 for property damage per accident, the same mandatory minimums as UIM coverage.
Also, like UIM coverage, uninsured motorist coverage limits may not exceed liability insurance coverage limits.
Why is Underinsured Motorist Coverage Mandatory in Maryland?
Suppose the driver who hit you only carries the minimum mandatory amounts in liability insurance in Maryland, and you sustained bad injuries. If you have UIM coverage as required by law, it may help with some damages.
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. It serves as a safety net of sorts for injured drivers who may want a fast resolution and avoid a lawsuit.
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.
Can You Sue if You Have UIM Coverage?
UIM coverage does not prevent injured drivers from suing negligent drivers; it simply acts as a safety net in case at-fault parties do not have liability insurance or flee the scene, making it challenging to identify them to file lawsuits.
Can You Sue if You Accept a Payout from UIM?
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 caused by another driver’s negligence.
Should You Sue if You Have Underinsured Motorist Coverage?
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. When this happens, filing a lawsuit can help cover the difference.
You should sue if insurance isn’t enough to cover all medical expenses, lost wages, and non-economic damages, and our lawyers can file within three years. 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.
Non-economic damages can also come from lawsuits, but are very limited in insurance claims. Your pain and suffering are as compensable as financial damages, and we can help calculate and prove these losses.
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 may 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 a jury verdict 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.
FAQs About Mandatory Underinsured Motorist Coverage
Can You Combine UIM Coverage with UM Coverage?
Drivers can often purchase underinsured and uninsured motorist coverage simultaneously in Maryland and meet the mandatory minimum requirements.
Will Your UIM Claim Be Approved?
Many drivers assume that their own insurance provider will be more likely to approve a claim and pay damages than a negligent driver’s liability insurance, but this is not necessarily true. Fault still matters in a UIM claim, and our attorneys can convince the carrier that you were not liable.
Do You Need to Rely on UIM Coverage After a Hit and Run?
You don’t need to rely on uninsured or underinsured motorist coverage alone 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.
Does UIM Insurance Cover Pain and Suffering?
Your UIM payout is subject to your policy limits. This may not be enough to cover mental and emotional damages from a car accident, especially if your injuries are severe and you also have costly medical bills. UIM is typically not enough to cover all the pain and suffering victims endure in Maryland, a top reason why victims may file lawsuits against at-fault drivers.
Call Our Car Accident Attorneys in Maryland Today
Call our Bethesda car accident lawyers for help with your case from Rice Law (410) 694-7291.