Uninsured Driver Car Accidents in Frederick, Maryland
Car insurance helps protect everyone on the road. None of us can predict when we might be involved in a collision. Even the most responsible drivers on the road are at the mercy of other motorists. On average, people will be in three, if not four, crashes in their lives. While car accidents might be common, that does not make them any less frightening or frustrating. Being involved in a car crash with an uninsured driver can make an already bad experience even worse.
If you were injured in a car accident caused by an uninsured driver, you could still recover compensation for your injuries. It is important to understand how your uninsured motorist coverage will step in to cover the damages caused by the other driver. While dealing with your own insurance company might sound as though it would simplify your claim, this is not always the case. Insurance companies are not eager to payout funds for uninsured drivers. The negotiations with your insurance company can quickly become adversarial.
Hiring a Frederick, Maryland car crash lawyer to handle your uninsured motorist claim can put you on a more even footing with the insurance company. Call Berman, Sobin, Gross, Feldman & Darby LLP today at 301-668-2100 to speak with one of our dedicated Frederick, Maryland car accident attorneys. Our firm has more than 30 years of experience representing clients injured in collisions with insured and uninsured drivers. We understand how important your claim is to you and your family.
How Do I Know If I Have Uninsured Driver Coverage?
Drivers in Maryland are required by law to carry car insurance. Like every law, there will be people who do not comply. For this reason, car insurance companies are required to provide their insureds with uninsured motorist coverage.
In Maryland, the minimum insurance coverage that a driver must carry is $30,000 for each person injured, up to a total of $60,000 for personal injuries caused by the crash. Drivers must also have $15,000 in property damage coverage. Unless you selected additional uninsured motorist coverage, your uninsured motorist coverage would likely be the minimal coverage available.
What if the Other Driver Only Has the Minimum Policy, and it is Not Enough?
Uninsured motorist claims apply when the driver holds no policy or where the driver is unidentified because they fled the scene of the crash. There are other cases where a driver holds minimal coverage and causes a collision that leads to expenses that exceed the policy limits. In those cases, the driver is not uninsured but underinsured. In some situations, if an underinsured driver injured you, you may be able to collect from your UM policy as well. However, it is important to note that unless you hold “enhanced uninsured motorist coverage,” you will not be able to stack your policy on the other driver’s policy. What this means is that your policy coverage must exceed that of the other driver in order for your insurance to cover the gap.
For example, if the other driver only had $30,000 for coverage for your injuries and your injuries are $60,000, you would need to have $60,000 in coverage for your policy to cover the $30,000 gap. The underinsured driver would cover $30,000. Your policy would cover the next $30,000. With an enhanced uninsured motorist policy, you can stack the policies. In the above scenario, your maximum coverage would be for $90,000 – the $30,000 from the other driver plus your $60,000 above that minimum policy.
What if My Insurance Company Refuses to Pay the Total Damages?
If your insurance policy denies your claim, you can challenge their decision. Sometimes, the insurer might not believe that your injuries are as severe as you say they are. In such cases, you may dispute the settlement. In many cases, parties will arbitrate such disputes. The arbitration process is similar to a lawsuit in that your attorney will gather evidence and present it to the arbiters in something like a mini-trial.
Can I Sue the Other Driver Even if They Do Not Have Coverage?
Suing the uninsured driver is an option, but the fact that you can sue them does not mean that it would be worth your while. In most situations, the uninsured driver does not have the assets needed to cover your damages. Determining whether taking action against the other driver makes sense in your case will depend on the specific facts of the crash and the people involved.
Call Berman, Sobin, Gross, Feldman & Darby LLP After an Injury Caused by an Uninsured Driver in Frederick
If you were injured in a Frederick, Maryland car accident caused by an uninsured driver, you do not have to face your claim alone. Contact the experienced personal injury attorneys at Berman, Sobin, Gross, Feldman & Darby LLP today at 301-668-2100 to discuss your case.