Is Uninsured Motorist Coverage Required in Maryland?
Having insurance protects you from being financially drained in the event of an unforeseen harmful incident. That holds true when you have policies for your health, your home, and your car. Automobile insurance goes one step further by providing protection to victims of accidents that were not their fault. In Maryland, those protections became mandatory in 1972 when the state began requiring all car owners to carry auto insurance.
Of course, just because there is a mandate does not mean every driver has insurance. What happens if you get into an accident with a driver who doesn’t have a policy? That is where your uninsured motorist policy gets activated. That is also a mandatory policy in Maryland, but some options and waivers can be applied to your policy that will either diminish or enhance your protection.
Understanding What Mandatory Basic Minimums Are
The liability insurance you must carry protects you if you cause an accident. No one sets out to intentionally harm someone on the road, but a misjudgment about your speed or changing lanes can lead to a collision. In those situations, the other driver is entitled to recoup their losses. The same applies to you if you’re the victim of a negligent driver.
The Maryland Department of Transportation sets the following insurance requirements for car owners in the state:
“All Maryland vehicles MUST be insured at ALL times by a vehicle insurance company licensed in Maryland. Your vehicle insurance must cover, at a minimum:
- $30,000 for bodily injury
- $60,000 for two or more people
- $15,000 property damage”
State law also mandates insurance companies to cover uninsured motorists (UM). Your UM coverage will be listed on your policies as Uninsured Motorist Property Damage (UMPD) and Uninsured Motorist Bodily Injury (UMBI). You are required to purchase that policy for the same 30/60/15 minimums as your regular liability insurance. Think of this as having two policies, but the uninsured motorist policy will only apply to a motorist who doesn’t have insurance, has limited policy minimums, or is in a hit-and-run accident.
You are allowed to waive your UM insurance to less than your liability limits. Conversely, you can boost your policy with Enhanced Underinsured Motorists coverage (EUIM).
How Uninsured Motorist Insurance Works
The first thing to know about UM coverage is that the law sets an automatic $250 deductible. If you are hit by an uninsured motorist, your deductible will automatically drop to that amount.
The benefits of an uninsured motorist policy apply to an underinsured motorist. For instance, if you’ve been involved in a collision with a motorist with a minimum policy of $30,000 but your medical expenses are twice that amount, your UM policy will pay the difference. The goal is to make you “whole,” which means suffering no losses.
As part of the insurance regulations, you cannot stack policies. That means you can’t exceed the benefits of your policy. For instance, if the driver who caused your accident has the minimum coverage and you have the minimum coverage, you would only be able to get benefits to the maximum of your coverage. That is why having your UM go beyond the basic minimums is a good idea.
When To File Your Uninsured Motorist Claim
You have limited time to file a claim against your uninsured motorist policy. In Maryland, that statute of limitations is three years. That time starts on the day of the accident. However, you could face many challenges when an insurance company resists paying those benefits. That could be considered a breach of contract that would also fall under the three-year statute of limitations.
Why You Need a Car Accident Lawyer in Maryland
Filing an uninsured motorist claim is the same as filing a claim against a negligent driver with full coverage. A thorough investigation is required to establish the at-fault party. If you are accused of being partially at fault, you wouldn’t be able to make this claim. That is why you want to get the support of an experienced car accident attorney like the team at Belsky & Horowitz, LLC.
We can provide guidance to help you identify the right insurance carrier to file your claim with and how to hold them accountable. Call to set up a free case evaluation today.
