Most Maryland drivers assume that if they are hurt in an accident, the other driver’s insurance will take care of it. When the driver who caused the accident has no insurance at all, or when they flee the scene, that assumption falls apart. Attorney Joebeth Bowers of Bowers Law dedicated this week’s Monday Morning Lawyer podcast to explaining how uninsured motorist claims work in Maryland, what your own policy does in those situations, and why understanding your coverage limits before an accident happens matters more than most people realize.
What Happens When an Uninsured Driver Causes Your Accident in Maryland
Whether the at fault driver had no insurance or fled the scene without stopping, both situations are treated the same way under Maryland law. The resulting claim is called an uninsured motorist claim, and it is handled through your own auto insurance policy. Uninsured motorist coverage is mandatory in Maryland, meaning every policy issued in the state is required to carry it. The amount of coverage available to you, however, depends entirely on the limits you selected when you purchased the policy.
Attorney Bowers noted that most people buy auto insurance based on price rather than coverage. When an accident happens and the at fault driver has no insurance, those coverage decisions come into focus in a way they never did before. A policy that seemed reasonable at purchase can turn out to be insufficient when someone is facing serious injuries, mounting medical bills, and a long recovery.
How Your Own Insurance Company Handles an Uninsured Motorist Claim
When an uninsured motorist claim is filed, your own insurance company takes on the role that the at fault driver’s insurer would normally play. They evaluate the claim, negotiate a settlement, and pay out up to the limit on your policy. If a reasonable settlement cannot be reached, the case proceeds differently than a standard accident claim.
In a typical accident lawsuit, the jury is not told that an insurance company is funding the defense. The person who caused the crash is named as the defendant, and the fact that an insurer is paying for the attorneys, the expert witnesses, and ultimately the verdict is kept from the jury. In an uninsured motorist case, that changes. Because the lawsuit is filed directly against your own insurance company, the jury can be told outright that an insurance company is the one paying the verdict. Attorney Bowers noted that this reality alone is often enough to push these cases toward settlement before they ever reach a courtroom. When they do go to trial, the results for injured clients tend to be significant. After your insurance company pays the claim, they retain the right to pursue the uninsured driver to recover what they paid out, and that process has no impact on your claim or your premium.
Why Enhanced Underinsured Motorist Coverage Can Change the Outcome of a Case
Maryland now offers enhanced underinsured motorist coverage, a relatively recent addition to auto policies in the state that Attorney Bowers has discussed at length on the podcast. If the at fault driver turns out to have some insurance but not enough to fully cover your injuries, this enhanced coverage can stack on top of whatever the other driver carries.
Attorney Bowers and his office investigate thoroughly in every uninsured motorist case to determine whether any additional coverage exists before moving forward, because finding other coverage is always preferable to relying solely on the client’s own policy. Enhanced coverage becomes especially important in cases involving serious injuries and surgeries. A hundred thousand dollars in coverage can sound like a substantial amount until medical bills, health insurance reimbursements, and related costs are taken into account. The higher the coverage ceiling, the more room there is to achieve a meaningful result for the client.
What the April Contest at MarylandInsuranceBook.com Is Offering
Throughout the month of April, Attorney Bowers is running a contest tied to his free auto insurance policy review at marylandinsurancebook.com. Anyone who submits their declarations page for a free review during April will be entered to win a growing prize package that currently includes an autographed and authenticated Zay Flowers Baltimore Ravens jersey and two lower level tickets to the Ravens home opener. Additional local prizes are being added each week, and a live drawing will be held on the first Monday in May episode of the podcast.
For every policy submitted during April, Bowers Law will donate five dollars to the Benjamin Hines Memorial Foundation. Ben Hines was killed in combat in Afghanistan, and the foundation was established in his honor to support a scholarship in his name. Attorney Bowers noted that if two hundred people submit their policies for review, that amounts to a thousand dollars donated to the foundation, at no cost to the person submitting. Everyone who participates will also receive a free copy of the updated edition of Attorney Bowers’ book on Maryland auto insurance, expected to be released in June, which will include current law, recent changes to available coverages, and a sample declarations page from his own policy.
What Every Maryland Driver Should Do Before Needing to Use Their Policy
The free insurance review at marylandinsurancebook.com is not a sales call. Attorney Bowers is not a licensed insurance agent and does not sell policies. The review produces a color coded report card that clearly identifies what is working, what needs attention, and what is missing. That report card can be taken directly to an existing insurance agent to get pricing on any recommended changes. For anyone who does not have a local agent, Attorney Bowers encouraged getting one and noted that the price of a policy purchased through an agent is the same as buying direct, making the added guidance and accountability worth having.
To submit a policy for review and enter the April contest, visit marylandinsurancebook.com. Past podcast episodes on accidents, insurance, and injury law in Maryland are available at bowerslawmd.com by clicking the podcast tab at the top of the page.
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