Underinsured Car Accident Claims
A serious car accident can leave you facing medical bills, lost income, vehicle damage, and a long recovery. Learning that the driver who caused the crash does not have enough insurance to cover your losses can make an already difficult situation even more stressful.
Many Maryland drivers carry uninsured and underinsured motorist coverage through their own auto insurance policies. These coverages may help when the at-fault driver’s insurance is unavailable or does not fully cover the losses caused by the crash. Understanding what coverage applies and how to use it is often an important part of the claims process.
At Bowers Law, we help injured people throughout Cecil County and across Maryland understand the insurance coverage available to them after a crash. If you are wondering what to do next after an accident with an underinsured driver, contact our legal team for a free consultation today.
What Is Underinsured Motorist Coverage in Maryland?
Underinsured motorist (UIM) coverage is the part of your own auto policy that pays when the at-fault driver carries some insurance, but not enough to cover the harm caused. It generally becomes available after the at-fault driver’s liability coverage has reached its limit, and it draws from the limits you already selected and paid for.
Under Md. Code, Ins. § 19-509, every Maryland auto policy must include underinsured motorist coverage with minimums of:
- $30,000 per person
- $60,000 per accident for bodily injury
- $15,000 for property damage
If you have car insurance, this underinsured protection is already part of your policy. The exact coverage available under your policy depends on the limits you selected and the terms of your insurance contract. Unlike a personal injury claim against the at-fault driver, a UIM claim is made through your own insurance policy.
Underinsured vs. Uninsured Motorist Coverage: What Is the Difference?
Underinsured and uninsured motorist (UM) protections usually come together as UM/UIM coverage on a Maryland policy. However, they solve different problems:
- Underinsured motorist coverage applies when the at-fault driver has insurance, but the policy limits do not cover your losses.
- Uninsured motorist coverage applies when the at-fault driver carries no insurance or cannot be identified at all (such as in a hit-and-run).
In serious injury cases, the problem is often that the driver has some insurance, but not enough to cover the full impact of the crash. A minimum-limit policy may fall short when the accident involves a hospital stay, surgery, extended physical therapy, or significant time away from work.
How Do Underinsured Motorist Claims Work After a Maryland Car Accident?
A UIM claim involves your own insurance policy, but that does not mean you can skip straight to your insurer for payment. Maryland law requires a specific process, and following the proper steps is important to protecting your rights.
- Report the accident to both insurance companies. Your policy likely requires prompt notice of a crash, and notifying your insurer early can help preserve your ability to pursue a UIM claim later.
- Pursue the at-fault driver’s insurance claim first. Before UIM coverage becomes available, the at-fault driver’s insurance policy is typically the first source of compensation.
- Notify your insurer before accepting a settlement. If the at-fault driver’s insurer offers its policy limits, Maryland law may require you to notify your own insurer before accepting the settlement. Your insurer then has an opportunity to respond and protect its rights under the policy.
- Open the UIM claim. Once the liability claim is resolved, you may be able to seek additional compensation through your underinsured motorist coverage if your damages exceed the at-fault driver’s available insurance.
- Document your losses. Medical records, wage information, treatment recommendations, and other evidence can help support the claim and demonstrate the impact of the accident.
Because UIM claims involve specific notice requirements and insurance procedures, mistakes can affect your ability to recover under your policy. A car accident lawyer can help manage the process, communicate with the insurance companies, and protect your rights throughout the claim.
Why Choose Bowers Law, LLC, for Your Maryland Underinsured Motorist Claim
Insurance policies are written for adjusters and lawyers, not for the people who buy them. At Bowers Law, we have built a client-centered practice around closing that gap, walking you through what your policy actually provides and what each decision means.
You will know where your case stands at every stage. We return calls, send updates, and keep you in the loop from day one.
Proven Settlement Results
Our record in serious motor vehicle cases shows what patient, well-documented negotiation can do. These case results include several matters where the first offer told only part of the story:
- Commercial vehicle accident: $1,000,000 settlement, the full policy limit, negotiated two weeks before trial
- Automobile accident: Initial offer of $10,000 increased to $558,000
- Rear-end accident with surgery: Settlement increased from $70,000 to $450,000
- Automobile accident: Settlement increased from $150,000 to $375,000
Every case depends on its own facts, and past results do not promise a particular outcome. They do, however, show how we respond to an undervalued claim.
Client Testimonials
“Very professional and helpful in the whole process regarding auto mobile accidents. They are always available to take your calls, keep you updated, and fight for you. I would definitely recommend them to friends and family.” — Fred O.
“Very Awesome team, they always keep you in the loop and put the client first. 10/10 highly recommend if you have been injured in a motor vehicle accident.” — David G.
“From my first phone call with Mr. Bowers my experience with this law office was great. He has a very friendly staff and he would call me himself with any updates about my case. Handled things quicker than I expected as well.” — Peggie H.
Meet Your Maryland Underinsured Car Accident Lawyers
How Does Enhanced Underinsured Motorist (EUIM) Coverage Work in Maryland?
Not all underinsured motorist coverage works the same way. With standard UIM coverage, the amount available under your policy is generally reduced by the amount paid by the at-fault driver’s insurance. In other words, your coverage is designed to help make up the difference when the other driver’s policy is not enough.
Enhanced Underinsured Motorist Coverage (EUIM) works differently. Instead of reducing your coverage by the amount paid by the at-fault driver’s insurer, EUIM may provide additional coverage on top of the other driver’s policy, subject to the limits of your own policy.
Maryland insurers are required to offer EUIM coverage, and many newer policies include it unless the policyholder chooses to reject it in writing. Because coverage varies from policy to policy, reviewing your declarations page or speaking with your insurance company can help you understand what type of protection you have and how it may affect your claim.
Who Can Use Underinsured Motorist Coverage in Maryland?
Underinsured motorist coverage may protect more than just the person named on the insurance policy. Depending on the policy, UIM coverage may apply to:
- The named policyholder
- Family members who live in the same household
- Passengers riding in the insured vehicle
- In some situations, pedestrians struck by an underinsured driver
Because policy language can vary, the best way to know whether UIM coverage applies is to review the insurance policy carefully.
Even though the claim is made through your own insurance policy, fault still matters. Maryland follows a contributory negligence rule, which generally means an injured person cannot recover compensation if they are found even partly responsible for the crash. Evidence such as the police report, witness statements, photos, and insurance records can help show how the accident happened and who was responsible.
What Damages Can You Recover Through Underinsured Motorist Coverage?
Underinsured motorist coverage may help pay for losses that exceed the at-fault driver’s available insurance. Depending on the circumstances, those losses may include:
- Medical expenses and future treatment costs
- Lost wages and reduced earning ability
- Vehicle damage and other property losses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of daily activities
The amount available through a UIM claim depends on the coverage limits in your policy. Some drivers also carry umbrella insurance that may provide additional protection.
What Should You Do After an Accident With an Underinsured Driver?
Your health comes before any claim. Once you are safe, the steps you take in the days that follow can also protect your right to use your own coverage:
- Seek medical attention so records connect your injuries to the collision.
- Document the scene with photographs and witness contact information.
- Report the crash to the police and request a copy of the official report.
- Notify your own insurer of the crash, since your UIM claim will run through this company.
- Keep records of medical bills, repair estimates, and every letter or email about the claim.
- Avoid recorded statements and quick offers until you understand your coverage and the consent-to-settle sequence.
Once you handle the immediate steps, a free consultation with an underinsured motorist accident lawyer can be a sensible next move. Bring your declarations page and crash documents to that conversation to make it far more productive.
How Long Do You Have to File an Underinsured Motorist Claim in Maryland?
Underinsured motorist claims can involve multiple deadlines, including deadlines related to insurance claims, notice requirements, and lawsuits. The deadlines that apply depend on the specific circumstances of the case and the terms of the insurance policy.
Some situations may involve notice requirements that arise sooner than the general filing deadline. If proper notice is not provided, your ability to recover compensation may be affected. Contact Bowers Law as soon as possible to determine what deadlines may apply to your situation.
Why Do Some Underinsured Motorist Claims Require Legal Help?
Many underinsured motorist claims can be resolved through the insurance process without going to court. However, these claims are often more complicated than a typical car accident claim because they involve both the at-fault driver’s insurance policy and your own.
Legal help may become useful when questions arise about:
- Whether underinsured motorist coverage applies
- How much coverage is available under the policy
- The notice requirements and settlement procedures that must be followed
- Disputes over fault for the accident
- Disagreements about the extent of the injuries and losses caused by the crash
Because a UIM claim involves both insurance coverage issues and injury-related damages, mistakes can affect your ability to recover under your policy. An attorney can help explain your options, communicate with the insurance companies, and guide you through the claims process.
Get Answers About Your Maryland Underinsured Motorist Claim Today
Don’t wait to find out what your insurance coverage can do. Acting early protects both the evidence and the procedural rights your claim depends on.
Call Bowers Law at 410-885-6200 or fill out our contact form to schedule a free consultation. You don’t pay unless we win.
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