What Happens If the Person at Fault in an Accident Has No Insurance in Maryland?

Liabilities incurred during an accident caused by an uninsured at-fault driver are usually resolved following Maryland's tort or at-fault liability system. In the state, the driver whose actions resulted in the accident is legally required to pay for all damages incurred, including medical bills, wage loss, and property damages. Typically, the at-fault driver's insurance policy is expected to cover the cost of damages; if they have none, they may be required to pay for the damages out of pocket.

Under Maryland's auto insurance liability system, a victim may sue the uninsured at-fault driver for compensation if they have zero percent fault. However, the uninsured driver's financial capabilities may influence the compensation they receive. Motorists in Maryland are mandated to have Uninsured Motorist coverage to cover the cost of damages caused by drivers without any or inadequate insurance policies. Driving without valid insurance violates state law and may lead to penalties under Maryland traffic violations and infractions, including fines, license suspension, and registration revocation.

Is It Illegal To Drive Without Insurance In Maryland?

Yes. Per Maryland Code §17-107a and Md. Code §17-104.2 B1-B2, failure to carry insurance on a vehicle and failure to present proof of insurance to a law enforcement officer are both unlawful. The consequences of violating this law may include:

• A penalty of $200 for the first 30 days and $7 daily for subsequent days with an annual limit of $3,500 per vehicle (§17–106-3e)
• Vehicle impoundment due to suspended vehicle registration
• A fine of $50
• Loss of license plate and vehicle registration
• Tax interception due to a collection fee of 17%
• Restoration fee of $25 for vehicle registration
• Jail time of one year and/or fine of $1000 (§17–107d)
• Confiscation of the license plate
• Prohibition on renewing suspended vehicle registration or registering a new vehicle

What Is the Minimum Insurance Requirement in Maryland?

Under Maryland Code Annotated Insurance Article 19-504 and Transportation Article 17-103, the minimum liability requirements are:

• $30,000 per person for bodily injury
• $60,000 for bodily injury involving 2 or more persons
• $15,000 property damage per accident

Uninsured/Underinsured Motorist Coverage is required for all motorists in Maryland up to $30,000 (per person) or $60,000 (per accident) for bodily injury and $15,000 for property damage. Personal Injury Protection (PIP) coverage of at least $2,500 is also required under Maryland laws. Other coverages, such as MedPay, collision, or physical damage, are optional but offered by insurers in the state.

What To Do After A Car Accident With an Uninsured Driver in Maryland

After an auto crash with an uninsured driver in Maryland, the first course of action is to report the incident to the local law enforcement department. The police will typically take into account the damages, parties involved, and faults to create a Motor Vehicle crash report.

The next step is to file and submit a complaint against the uninsured driver to the Insurance Compliance Division (ICD) of the Motor Vehicle Administration. This complaint can be submitted online, in person, or by mail using the Uninsured Motorist Complaint Form. Upon receipt of the complaint, the MVA may suspend the uninsured 's vehicle registration/ license or enforce other penalties prescribed by state laws.

A victim of an accident caused by an uninsured driver may also sue the at-fault driver for bodily and property damages in a Personal injury suit. In addition, if the victim has Uninsured Motorist coverage, their insurance company will typically cover the cost of damages inflicted on them or their property, depending on the limits of their policy.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Maryland, a person is entitled to receive compensation for damages inflicted by an at-fault driver even if they do not have liability insurance. The State's tort-based liability system allows victims to sue for economic compensation provided they are not at fault. However, since it is illegal to operate a motor vehicle without insurance, the driver without fault may still face the penalties spelled out by law for driving without any form of liability.

Can I Sue an Uninsured Driver in Maryland?

Yes. Maryland, being an "at-fault" state, allows a claimant to file a personal injury suit against an uninsured driver who is at fault. The claimant may sue for economic and non-economic damages within three years from the date of injury (CJS, § 5-108).

For claims of $5,000 or less, a plaintiff may file a small claims suit with a district court in the county where they reside or where the accident occurred. Small claims proceedings usually do not require a jury; the plaintiff may represent themselves, and the judge gives a decision after hearing both parties. If the damages exceed $5,000 and are not more than $30,000, a formal proceeding involving a jury and a trial proceeding may be initiated in either a district or circuit court.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Maryland?

Yes. However, the extent of coverage provided by an insurer is dependent on the insured's policy and liability limit. For instance, motorists are required to subscribe to an Uninsured/Underinsured Motorist Coverage (UM/UIM) up to $30,000 per person or $60,000 per accident to protect against bodily injuries caused by uninsured or underinsured drivers (Insurance Article 19-509)

Furthermore, the state mandates vehicle owners to have up to $15,000 in Uninsured Motorist Property Damage (UMPD) coverage. This caters to damages inflicted on the insured's property by an uninsured driver. Personal Injury Protection (PIP) coverage that covers medical bills and wage loss up to $2,500 is also mandatory (§19-505). Other policies, such as collision coverage that takes care of damages done to the not-at-fault driver's vehicle and MedPay (which covers the cost of medical bills), are optional.

What Is Uninsured Motorist Coverage in Maryland?

An Uninsured Motorist Coverage (UM) policy in Maryland is a type of automobile insurance that covers the cost of bodily injury, property damage, wage loss, and other damages inflicted on the policyholder by a driver without insurance. In Maryland, the UM coverage applies both to unidentified drivers and drivers with liability limits incapable of handling the cost of damages incurred.

Maryland Code Annotated, Insurance Article Section 19-509 contains the requirements for uninsured motorist coverage in Maryland. Per state law, a person's UM coverage typically mirrors their liability limit, but they may opt to increase their limits by increasing or reducing their UM coverage premium.

What If I Don't Have Uninsured Motorist Coverage in Maryland?

A not-at-fault driver without uninsured motorist coverage may seek compensation from the at-fault driver by:

• Negotiating settlements without a litigation process
• Filing a suit against the defendant
• Report the driver to the MVA for license/registration suspension and other penalties
• Following up on judgments by seeking wage garnishments or property liens

How Do I Get Compensation from an Uninsured Driver in Maryland?

To get compensation from an uninsured driver via a small claims suit, the claimant may follow the following steps:

• File a Small Claims using the Complaint form (DC-CV-001) and submit to the Clerk's office in a relevant court (Chapter 100 Commencement of Action and Process)
• Pay the required filing fees
• Receive the issued Writ of Summons and serve it on the defendant
• Submit a Proof of Service(DC-CV-002) to the court
• Wait for the trial/hearing date to be fixed (Chapter 500 Trial)
• Attend the trial and go through the litigation process, including the discovery phase (Chapter 400 Discovery)
• Receive a copy of the court's judgements and collect the ordered compensation (Chapter 600 Judgment)

How Much Can You Recover From an Uninsured At-Fault Driver in Maryland?

Per Maryland's Code, an uninsured driver at fault is legally responsible for covering the liabilities incurred during an accident. The victim may sue the uninsured at-fault driver to pursue compensation for medical bills, property damage, physical injury, or pain and suffering. Minor claims for injuries and damages are typically filed with the Small Claims Court in a district court with a damage cap of $5,000. Other major claims may be settled with a civil proceeding in a circuit court with an annual interest rate of 10% on judgments (Md. Code § 11-107).

How To Find Out If the At-Fault Driver Has Insurance in Maryland

It may be possible to find out if an at-fault driver has insurance in Maryland by:

• Asking the driver on the spot
• Requesting a copy of the motor vehicle crash report from the MVA or police departments
• Filing a complaint with the MVA using the Uninsured Motorist Complaint Form
• Initiating a civil proceeding and getting the desired information during the discovery process.

Are Accidents Public Record in Maryland?

Yes, per the Maryland Public Information Act (Md Code, Gen. Prov. §§ 4-101, et seq) and COMAR 29.02.02.01. Members of the public may request accident reports from the Central Records Division of the State Police or other local police departments. Record requests may be denied if such records are sealed by law or publicly unavailable under State laws.

Can You Go to Jail for Causing an Accident Without Insurance in Maryland?

Yes. Under MD. Code §17–107 and §17–110, driving without insurance, refusing to show proof of insurance to law enforcement, or falsifying insurance documents are all punishable by jail time. First-time offenses may attract a maximum of one year in Jail and/or a fine of $1,000. Second or subsequent offenses are punishable by a maximum of two years' imprisonment and/or a fine of $1,000.

Can You Settle With an Uninsured Driver Out of Court in Maryland?

Yes. In Maryland, one may be able to settle and reach agreements for compensation with an uninsured driver out of court. Provided the terms of the agreement/contract are according to the State's contract law, the agreement is legally binding on both parties. A contract may be oral or written in Maryland, but for it to be tendered as evidence in court, it must be written and signed by both parties.

Can I Get Compensation If I Was Partially at Fault?

No. Maryland follows the pure contributory negligence rule, which means a claimant may be denied compensation if they have any percentage fault in the accident. If the claimant is found to have contributed even as little as 1% to the accident, they are not entitled to compensation from the driver with 99% fault.