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At-Fault And Uninsured Or Underinsured Drivers In Maryland

In this article, you will discover:

  • Why proving 100% fault is essential in Maryland.
  • When to use your own insurance policy to cover your medical bills.
  • How to get compensation if you’re in an accident with an uninsured motorist.

How Is My Personal Injury Claim Impacted If I Am Partially At Fault For A Car Accident In Upper Marlboro, Maryland?

In most states, being partially at fault for an accident would not have much of an impact, but it has a huge impact in Maryland. Maryland is one of five states that follows the theory of contributory negligence. If you are even partly at fault, even just 1% to blame, you cannot recover anything on a PI claim.

For example, there’s a three-lane road; you’re in the left lane, and the other driver is in the right. At the same time, you both decide to be in the middle lane. Without looking, you both merge into the middle lane and hit each other simultaneously. You’re both at fault. There’s no disputing it. You both changed lanes when you shouldn’t have.

No matter how badly injured you are, even if you are just 1% at fault, you can’t recover anything by suing the other driver. Most other states use comparative negligence, comparing your percentage of negligence to the other driver’s. The amount of your negligence reduces your recovery. This isn’t true in Maryland.

If you’re any percent at fault in Maryland, you have no claim, so I can’t take your case. I wouldn’t have much to do for you. For free, I would get you in to see a chiropractor using your personal injury protection policy (PIP). That would probably cover $2,500, maybe $5,000 for your chiropractor treatments, even if you are partly or completely at fault.

If Hit by An Uninsured Or Underinsured Driver In Prince George’s County, Do I Have Any Chance Of Recovering Financially For My Injuries?

Generally, getting hit by a driver without insurance is the same as being hit by one with insurance.

When you create your auto policy with your insurance company, there are multiple options you can buy:

  • Liability insurance. If I hit you and I’m at fault, I owe you.
  • Personal injury protection (PIP). A type of no-fault coverage.
  • Uninsured or underinsured motorist coverage (UM/UIM). If you’re not at all at fault and are hit by an uninsured or underinsured driver.

For example, you’re at a red light, waiting for it to turn green. Suddenly, you get hit from behind by a driver with no insurance. Maybe the car is stolen, or they haven’t paid their payments every month. Whatever the reason, if that driver is at fault and has no insurance, that is the definition of an uninsured motorist claim.

You still don’t talk to any insurance companies. You go through the same process of going to the hospital and the chiropractor. Instead of going through the other driver’s insurance company, the difference is that I go through your own company. I open a UM claim, and your company acts as if they are the at-fault driver’s company.

UIM is down the same path. If you are rear-ended and injured, your claim may be worth $100,000 between pain and suffering, lost wages, and $25,000 in medical bills. This time though, the at-fault driver has insurance, but it’s only the state minimum of $30,000. Their $30,000 can’t cover the $100,000 that your case is worth.

What do we do about that? I hope you have high uninsured or underinsured motorist coverage. Suppose you have $250,000 in UIM coverage, and your case is worth $100,000. $30,000 will come from the other driver’s insurance policy, and the remaining $70,000 from your UIM policy.

As long as you have adequate UM or UIM coverage, you have as much chance of recovering financially for your injuries as if the guy did have insurance.

For more information on Auto Accidents in Maryland, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (443) 990-1529 today.

The Law Office of Jason Perash LLC

Get Your Free Case Review!
(443) 990-1529

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