Understanding Uninsured Motorist Collisions in Maryland
In Maryland, a “hit and run” is the more common reference to what is broadly known as an “uninsured motorist” collision. The two most frequent scenarios are:
1. Your car is struck by someone who flees the scene of the collision and cannot be identified
2. The driver who struck your car is known but has no available liability insurance to pay for your property damage or injuries.
As the injured party, your remedy is the same - claim Uninsured Motorist benefits under your own policy. All Maryland auto policies require Uninsured Motorist coverage.
What to Do After a Hit and Run Accident in Maryland
It is best practice to report the collision to the police and your insurance company as soon as possible. For example, if you are out to dinner Saturday night, and a car improperly changes lanes, strikes the side of your vehicle, and then takes off without stopping, don’t wait until Monday morning to notify the police. Call 911 as soon as possible while all the facts are fresh in your mind. If there are injuries, the police will come to your location and do a full report. If it’s just property damage, they may still prepare a basic incident report, including the time, location, what just happened, witnesses, and any information you are able to provide about the fleeing vehicle. By quickly notifying the police, you are giving them the best chance of identifying/apprehending the fleeing vehicle while the events are still fresh. If the other motorist remains at the scene but has no insurance, the police should know that, too, as driving without auto insurance is against the law. Resist an offer by an uninsured motorist to “handle the matter directly” between the two of you. That rarely works out well.
Promptly notify your insurer of the incident. It is common for the claim rep to ask for the same details the police would. The insurance companies are always on the lookout for those claims where a policyholder damages their own car and then later tries to blame the event on a hit and run. Your case is stronger when you involved the police in the matter right away. If you wait several days to open the claim with your insurance carrier, you may get some resistance from the insurance company on why you waited so long, and how you drove around with a damaged car for several days without reporting it.
What Your Insurance Covers in a Hit-and-Run Situation
If you can establish that you were injured through the negligence of an unknown motorist or one without insurance, you can generally collect uninsured motorist (“UM”) benefits from your insurer for the same damages you would have been able to collect from the wrongdoer:
Property Damage: Even if you did not carry collision coverage on your auto policy if your car was damaged by an uninsured motorist, you could have it estimated and repaired under the UM provisions of your policy. They may even cover rental costs while your car is repaired. Under Maryland law, the deductible on your property damage cannot be more than $250 on a UM claim, even if you carried a higher deductible on your policy.
Bodily Injury: The carrier owes you dollar-for-dollar reimbursement for “reasonable” medical expenses related to your accident injuries. Of course, battles arise when the insurance company argues that not all of the care was reasonable or that the doctor’s bills were excessive.
Lost Wages: If you missed work because of your accident injuries, you may submit proof of your wages and missed time to your insurer as part of your settlement demand. Any time off work should be directed by a health care provider.
Pain and Suffering: Just like the wrongdoer would, your insurance company owes you compensation for pain, suffering, inconvenience, and other related non-economic damages associated with the collision.
Paying for Medical Bills and Lost Wages During the Claims Process
Please note that the insurance company does not pay medical and wage losses as you incur them. So if you get a bill from the hospital, YOU are responsible for paying that in a timely way. Your incoming medical bills are not paid every month by the insurance carrier, and you must try to resolve them on your own through health insurance or direct payment. At the end of your case, the insurance company will make a single payment representing the “fair value” of all the losses you documented. So if you receive an offer of, say, $10,000, that sum is intended to compensate you for the documented medical expenses the insurance carrier was sent, lost wages, and some additional factor for pain and suffering.
Understanding the Limits of Uninsured Motorist Coverage
The amount you can recover from your own insurer for UM benefits is capped at the amount of UM coverage you bought. In Maryland the minimum coverage is $30,000 per injury. If that is the limit of your coverage and you sustain serious injuries and bills in a hit and run incident, you can be left with thousands in unpaid doctor bills and lost wages, and possible future expenses you cannot afford. The person that injured you is gone and the amount of coverage you bought was too low to fully protect you. Many clients find out too late that they were not carrying enough insurance. Please think about this before a traffic incident happens, not after. The next level of coverage may be more affordable than you think.
Will My Insurance Rates Increase After a Hit and Run?
Some people are fearful of using the UM coverage they paid for out of concern that their insurance rates may go up. It’s probably best not to think this way. If you have paid for coverage, there is little point in not using the available coverage to reimburse expensive medical bills and lost wages. A hit-and-run accident is generally considered a “not-at-fault” incident, which should not normally raise your insurance rate. But note, Maryland allows an insurance carrier to either raise your rate or decline to renew your policy if you made three or more “not-at-fault” claims in the space of three years, including theft, comprehensive, and uninsured motorist. Most people won’t fall into this category. Insurance is complicated, and generally, the deck is stacked against the victim. If you have been in a hit-and-run incident and sustained injuries, there is no reason to go it alone.
