Uninsured & Underinsured Motorist (UM/UIM) Claims in Maryland

9 minutes ago

5 min read

Maryland law requires every driver to carry auto insurance, but not every driver follows the law, and not every driver carries enough coverage to pay for a serious injury. If you're hit by a driver who has no insurance, or not enough insurance, an uninsured underinsured motorist claims in Maryland at Falodun Law can help you recover full compensation through your own policy's uninsured/underinsured motorist (UM/UIM) coverage.

At Falodun Law, we regularly help car accident victims throughout Maryland pursue UM/UIM claims, including claims against their own insurance company, which can be more adversarial than people expect. Here's what you need to know.

What Is Uninsured & Underinsured Motorist Claims Maryland

Uninsured motorist (UM) coverage protects you if you're hit by a driver who has no insurance at all or by a hit-and-run driver who can't be identified. Underinsured motorist (UIM) coverage protects you when the at-fault driver has some insurance, but not enough to cover the full extent of your injuries, which happens often, since many drivers carry only the state's minimum required liability limits.

In Maryland, insurers are required to offer UM/UIM coverage with every auto policy and Maryland law sets minimum UM/UIM limits equal to the state's minimum liability limits unless you reject or reduce it in writing (Maryland Insurance Article § 19-509). If you're not sure whether you carry UM/UIM coverage or how much, your policy declarations page will list it and we can help you review it.

When UM/UIM Coverage Applies

You're hit by a driver with no auto insurance
You're the victim of a hit-and-run accident and the at-fault driver can't be identified
The at-fault driver's insurance limits are too low to cover your medical bills, lost wages, and other losses
You're a pedestrian, cyclist, or passenger struck by an uninsured or underinsured driver
You're involved in a hit-and-run or uninsured motorist accident while riding as a passenger in someone else's vehicle

Why UM/UIM Claims Can Be More Difficult Than They Seem

A UM/UIM claim is technically a claim against your own insurance company, the same company you pay premiums to. That doesn't mean it will be handled generously. Insurers still have a financial incentive to minimize what they pay, and UM/UIM claims are frequently disputed, delayed, or undervalued. Depending on your policy and the circumstances, a UM/UIM claim may be resolved through direct negotiation, arbitration, or litigation.

In an underinsured motorist claim, you generally must first pursue the at-fault driver's liability coverage and exhaust those limits before your own UIM coverage applies. Your insurer typically has the right to be notified of, and sometimes to participate in, that underlying claim, so it's important to handle the process correctly from the start to avoid jeopardizing your UIM claim.

How Maryland Law Affects Your Claim

Contributory Negligence

Because a UM/UIM claim essentially stands in the shoes of a claim against the at-fault driver, Maryland's harsh contributory negligence rule still applies. If your insurer can show you were even 1% at fault for the accident, your UM/UIM claim could be denied entirely, which is exactly why insurers scrutinize these claims so closely.

Time Limits

UM/UIM claims are governed by your insurance contract as well as Maryland law, and the applicable time limits can differ from the standard three-year personal injury statute of limitations. Some policies impose shorter deadlines for notifying your insurer of a claim. If your accident involved a hit-and-run driver, prompt reporting is especially important, since insurers often require evidence of physical contact with the unidentified vehicle and a police report filed within a short window after the crash.

Steps to Take If You May Have a UM/UIM Claim

Call the police and get an official accident report, even if the at-fault driver has no insurance
Get medical treatment right away and keep thorough records
Report the accident to your own insurance company promptly, in writing if possible
Avoid giving a recorded statement to any insurer, including your own, before speaking with an attorney
Gather evidence: photos, witness contact information, and any information you have about the at-fault driver or vehicle
Contact Falodun Law to review your policy and help you navigate the claims process correctly from the outset

What Damages Can You Recover?

Medical expenses, past and future
Lost wages and diminished earning capacity
Pain and suffering
Emotional distress
Permanent disability, scarring, or disfigurement

How Falodun Law Can Help

UM/UIM claims require navigating your own insurance policy's fine print while still proving the other driver's fault, often without much cooperation from either side. At Falodun Law, we review your coverage, build the evidence needed to support your personal injury claim, and push back against insurers who try to undervalue what you're owed. We handle UM/UIM claims on a contingency fee basis: no fee unless we win.

If your loved one did not survive an accident caused by an uninsured or underinsured driver, our wrongful death attorneys can also help your family pursue the compensation UM/UIM coverage provides.

Frequently Asked Questions

What is the difference between uninsured and underinsured motorist coverage in Maryland?

Uninsured motorist coverage applies when the at-fault driver has no insurance or cannot be identified. Underinsured motorist coverage applies when the at-fault driver has insurance, but the limits are too low to cover your damages.

Is uninsured/underinsured motorist coverage required in Maryland?

Yes. Maryland law requires every auto insurer to offer UM/UIM coverage equal to your liability limits. You can reject or reduce this coverage in writing, but most drivers keep it for protection.

Can I file a UM/UIM claim if I was partly at fault for the accident?

Generally, no. Maryland follows contributory negligence, meaning any fault on your part, even a small percentage, can bar your UM/UIM claim entirely under your own insurance policy.

How long do I have to file a UM/UIM claim after an accident in Maryland?

UM/UIM claims are governed by both your insurance contract and Maryland law, and deadlines can be shorter than the state's three-year injury statute. Report your accident to your insurer promptly.

Do I need a lawyer to file a UM/UIM claim in Maryland?

You are not required to hire an attorney, but UM/UIM claims involve your own insurer, which has an incentive to limit payouts. An experienced attorney can help protect your claim's value.

Contact Falodun Law Today - Free Consultation

At Falodun Law, we fight for injured people and their families throughout Maryland. If you've been hurt by an uninsured or underinsured driver and want to understand your rights, we're here to help, with no cost to you unless we win.

📞 Phone: (301) 289-7737

✉ Email: wole@falodunlaw.com

📍 Address: 8850 Stanford Blvd., Ste. 2900, Columbia, Maryland 21045

Don't wait. Deadlines in personal injury law are strict and unforgiving. Reach out to Falodun Law today.