Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Under Maryland law, every driver must carry minimum liability insurance, per Md. Code, Transp. § 17-104. If a driver causes an accident without active coverage on the date of loss, injured parties have several remedies.
1. Claim Personal Injury Protection (PIP) Benefits
Maryland requires auto policies to include PIP benefits up to $2,500 for medical expenses, lost wages and related costs, regardless of fault. You can file a PIP claim under your own policy under Md. Code, Ins. § 19-505.
2. Use Uninsured Motorist (UM) Coverage
If you purchased UM coverage, your insurer must compensate you for bodily injury and property damage up to policy limits, per Md. Code, Ins. § 19-509. Review your declarations page and notify your insurer promptly.
3. File a Claim with the Unsatisfied Claim and Judgment Fund
Maryland’s Unsatisfied Claim and Judgment Fund (UCJF) reimburses victims when an uninsured driver cannot pay a judgment. To apply, you must first obtain a court judgment and then submit an application to the Motor Vehicle Administration under Md. Code, Transp. § 22-401. The UCJF covers medical bills, lost wages and other damages up to statutory caps.
4. Sue the At-Fault Driver Directly
You can file a civil negligence lawsuit against the at-fault driver for all economic and non-economic losses. After obtaining a judgment, you may collect via wage garnishment, bank levies or property liens, subject to Maryland’s exemption rules.
5. Negotiate a Settlement
Sometimes an uninsured driver may have personal assets or a home to secure a private settlement. You can also use mediation or arbitration to reach an agreement outside court.
Helpful Hints
- Review your own auto policy for PIP and UM/UIM limits to know your coverage.
- Act quickly: Maryland imposes time limits for PIP claims and UCJF applications.
- Gather evidence: photos, medical records and police reports strengthen your claims.
- Consult an attorney early to explore all remedies and streamline the claims process.
- Maintain records of all expenses and communications with insurers and the UCJF.