Detailed Answer
When an at-fault driver lacks active insurance in Maryland, you still have clear paths to recover your losses. Maryland law provides multiple layers of protection—from your own insurance policy to a state fund designed to cover hit-and-run and uninsured drivers.
1. Claim Your Uninsured Motorist (UM) Coverage
Maryland insurers must offer UM coverage equal to your liability limits. If you selected UM coverage, you can file a claim directly with your insurer. Your insurer will investigate and pay up to your policy’s limit for bodily injury and property damage.
2. Apply to the Maryland Unsatisfied Claim and Judgment Fund
If UM limits don’t cover your damages or you lack UM, apply to the Unsatisfied Claim and Judgment Fund (UCJF). The fund operates under Maryland Transportation Article §§ 19-501 and 19-505 (Md. Transp. Code §19-501, §19-505). To qualify:
- Obtain a valid court judgment against the at-fault driver.
- Demonstrate unsuccessful collection efforts.
- File your UCJF application within one year of the judgment.
Upon approval, the fund pays up to its statutory limit and secures a lien on the driver’s future assets to reimburse the state.
3. Use Your Personal Injury Protection (PIP) Benefits
Maryland requires PIP coverage of at least $2,500 per person. PIP covers medical bills, lost wages, and other expenses regardless of fault. File your PIP claim with your insurer within 60 days of the crash.
4. File a Civil Lawsuit and Enforce the Judgment
You can sue the uninsured driver for negligence. Even if they lack assets today, a judgment creates liens on future earnings and property. Legal tools like wage garnishment and bank levies help enforce the judgment over time.
5. Explore Alternative Payment Sources
If you lack UM or PIP coverage, consider:
- Using health insurance to cover medical bills.
- Negotiating payment plans with healthcare providers.
- Applying for crime victim compensation funds in hit-and-run cases.
Helpful Hints
- Review your auto policy’s declarations page to confirm UM and PIP limits.
- Notify your insurer of the accident in writing as soon as possible.
- Collect all medical records, bills, and pay stubs before filing a UM or PIP claim.
- Consult an attorney before applying to the UCJF to ensure you meet all filing deadlines.
- Keep detailed logs of collection attempts and communications with the at-fault driver.