Can You Recover Compensation from an Uninsured Driver?

The concept of insurance has existed for hundreds of years. When the auto industry kicked into gear, specific policies were generated for car owners. Auto insurance serves a dual purpose: It protects the car owner and anyone the car owner might get into an accident with. That is why, in 1972, Maryland made it mandatory for drivers to carry insurance.

The Maryland Insurance Administration set the following terms for insurance requirements:

• Bodily Injury Liability Coverage: $30,000 minimum per person and $60,000 minimum per accident
• Property Damage Liability Coverage: $15,000 minimum

That insurance provides compensation for an accident for which you might be held responsible. Maryland law also mandates that you get the following Uninsured Motorist (UM) insurance:

• Uninsured Motorist Bodily Injury Coverage: $30,000 minimum per person and $60,000 minimum per accident
• Uninsured Motorist Property Damage Coverage: $15,000 minimum

Essentially, your UM insurance will mirror your liability insurance. This will help you recover compensation from an uninsured driver.

Pursuing Compensation from an Uninsured At-Fault Party

Maryland is an at-fault state. That means you can file an insurance claim or sue another motorist if you get into an accident caused by another driver. In most cases, that at-fault driver’s insurance carrier will be the entity to pay for any compensation. What happens with an uninsured motorist? That is where your insurance carrier will pay compensation based on your uninsured motorist problem.

How big of a problem are uninsured motorists? According to the Insurance Information Institute (III), 14% of motorists nationwide drive without insurance, and in Maryland, that number is 15.1%.

While it sounds like you would be covered with the uninsured motorist insurance, your medical bills or property damage might be more than the policy allows. For example, if you just get the minimum coverage of $30,000 for personal injury and $15,000 for property damage, but your medical bills are $40,000, and your car value is $25,000, you will have a gap. Keep in mind that you can never get more from an insurance company than what the policy allows. However, you can fill that gap from an individual. That will require the support of a skilled car accident attorney.

Damages You Can Recover

If you decide to enter into a civil complaint, a.k.a. a lawsuit with an uninsured motorist, you are entitled to see the following types of damages:

Medical Expenses

Your medical expenses will be matched with all your receipts for any out-of-pocket expenses for emergency room visits, doctors’ exams, surgery, hospitalizations, medications, special transportation, supplies, and physical therapy.

Lost Wages

If the injuries from your car accident caused you time out of work, you are entitled to be compensated for your lost pay. Additionally, suppose your injuries prevent you from returning to work or force you to take a different job at a reduced salary. In that case, you are entitled to be compensated for that lost earning potential.

Diminished Quality of Life

An injury can reduce your ability to participate in sports or hobbies you once enjoyed. While you can’t back this up with a receipt, you and your attorney can calculate a number that you think will be appropriate.

Pain and Suffering

If you are experiencing ongoing pain from your injuries that hamper your ability to work, relax, or sleep, you can seek compensation for pain and suffering.

Filing a Civil Complaint

The uninsured motorist could present a few excuses for not having insurance at the time of the accident. For example, if they were even one day late with their premium payment, their insurance could be canceled. A mix-up with direct deposit could also cause the lapse. In other words, they had the means but were just irresponsible.

On the other hand, there could be drivers who intentionally forgo the insurance mandates. In either scenario, you are able to sue that individual for your losses. If a judgment is ruled in your favor, they would have to sell some assets to pay your settlement.

These are all the options that you can discuss with the attorneys at Belsky & Horowitz, LLC. We have a lot of experience helping clients negotiate with insurance companies and in the courtroom. Getting into a tussle with an uninsured motorist doesn’t have to mean you lose.