What Happens if the At-Fault Party Doesn’t Have Car Insurance?

After a car accident, one of the first calls most drivers will make is to their insurance company. That is because, after a collision between two drivers, their insurance companies will normally work things out on behalf of their insured, determining fault and making settlement offers if need be.

But what happens when the at-fault driver does not have insurance? 

When the at-fault driver is not insured, you do not have another insurance company to recover compensation from. Instead, you must deal with the driver directly and confer with your insurance company about your own insurance coverage, specifically your uninsured motorist coverage. A Maryland car accident lawyer can assist you in this situation.

Are People Driving Around Without Car Insurance?

According to a recent study by the Insurance Information Institute (III), 12.6 percent of drivers were driving around in 2019 without insurance. That is more than one in eight drivers, and certainly makes the odds of this situation happening more likely than you may think.

How Do You Determine Fault in a Maryland Car Accident?

Maryland, like many other states, is a fault-based car insurance state. That means that the facts of the accident are looked at, and whoever is determined to be at fault is responsible for paying damages to those who have been harmed. In the case of a car accident, that usually means that the at-fault party’s insurance company pays damages, but if the at-fault party does not have insurance, that can complicate matters.

What Is the Mandatory Insurance Coverage Requirements in Maryland?

Maryland mandates a minimum level of insurance coverage. While certain types of coverage can be optional, there are some things that you simply cannot opt out of when you decide to insure your vehicle. According to the Maryland Insurance Administration, drivers must have:

• Bodily Injury Liability Coverage: $30,000 minimum per person and $60,000 minimum per accident
• Property Damage Liability Coverage: $15,000 minimum
• Uninsured Motorist Bodily Injury Coverage: $30,000 minimum per person and $60,000 minimum per accident
• Uninsured Motorist Property Damage Coverage: $15,000 minimum

Do you see the coverage concerning uninsured motorists? That is going to be important here. Your uninsured and underinsured motorist coverage is meant for this exact situation. It covers you when the at-fault party does not have insurance. Your insurance company will evaluate your claim and payout for both damage to your vehicle and the costs associated with your injuries.

Can You Have More Than the Minimum Requirements?

You can opt for more uninsured motorist coverage than this, but it cannot exceed your bodily injury liability and property damage liability coverage. So, you would have to increase those coverages as well before increasing your uninsured motorist coverage.

How Would You Pursue Compensation From the Uninsured At-Fault Party?

If you have just the minimum uninsured driver coverage, it may not end up paying out enough to compensate you for all expenses associated with your accident. In those cases, you need to file a civil suit against the other driver to recover damages for the car accident. These lawsuits can include, but are not limited to:

• Medical Expenses: injuries from an accident could require medical attention. You could be entitled to compensation for the money you spent at the doctor’s office, at the hospital, or on prescriptions due to the collision.
• Lost Wages: if you were out of work for any amount of time due to your accident, you lost out on pay. These lost wages could be a part of your compensation.
• Reduced Earning Potential: an injury that leaves permanent damage and affects your ability to do your job can reduce how much you earn. If you think that your accident has led to a reduced earning potential, you could be entitled to damages.
• Loss of Enjoyment: an injury that reduces your working capacity could also affect your ability to participate in activities or hobbies you once loved. Loss of enjoyment is not a monetary loss, but it could still be considered something that you should be compensated for.
• Pain and Suffering: any other pain or stress that you experience due to your accident could also qualify you for additional compensation.

How Expensive Are Car Accidents?

According to data collected by the Centers for Disease Control and Prevention (CDC), emergency room visits for injuries sustained in car accidents exceeded 2.1 million in 2020. Car accident fatalities alone cost over $430 billion that same year. 

Can I Negotiate With My Insurance Company if the Settlement Offer Is Too Low for an Uninsured Motorist Claim?

Yes, you can negotiate with your insurance company if the settlement offer under your uninsured motorist coverage seems too low. However, it’s important to remember that your settlement cannot exceed the limits of your policy. If the damages exceed these limits, you may need to explore other avenues for compensation. 

Having a personal injury attorney can help you negotiate with your insurance provider and explore all possible options for a fair settlement within the constraints of your policy limits.

What Alternative Compensation Options Are Available if My Damages Exceed the Uninsured Motorist Policy Limits?

If your damages exceed the policy limits, you might explore filing a lawsuit against the at-fault driver for the remaining damages. Another option could be checking if you have other insurance policies that may cover the excess amount, such as collision coverage or an umbrella policy. 

Consulting with a personal injury attorney can help you understand all available options for pursuing additional compensation.

If The At-Fault Party Is Uninsured, Can I Use My Health Insurance for Medical Treatment?

Yes, you can use your health insurance to cover medical treatments following an accident with an uninsured driver. However, your health insurance may seek reimbursement from any settlement you receive later. It’s crucial to understand your policy’s terms and how subrogation rights might affect your compensation recovery. Consulting with an attorney can help navigate these complexities and ensure you maximize your net settlement.

Get Help From the Office of a Maryland Personal Injury Attorney During a Free Consultation Today

Pursuing a case on your own can be difficult, but an accident where the at-fault party does not have car insurance can offer some complexities that make it even more worthwhile to have a lawyer on your side. A lawyer’s job is to evaluate your case and see if you have a claim, but they can also tell you if a case is not worth pursuing. A person without car insurance, for example, may not have much in the way of assets, making it unwise to pursue a legal case for more damages after your insurance company pays you what you are covered for. A lawyer can give you an honest evaluation.

With that in mind, contact the Adam Smallow Injury Lawyers if you have been in an accident. Call us for a free consultation about your case, and remember that you only pay us if you are found to be entitled to compensation.