Maryland and almost every state except one require drivers to have car insurance. For a variety of reasons, we still have a large number of cars on the road that do not have insurance coverage. What happens when you do not have car insurance?
The page explains how Maryland and most states treat:
- uninsured drivers who are injured and seek compensation
- injury victims who do not have medical insurance
Our lawyers often get clients that were uninsured at the time of the accident or in a vehicle that did not have insurance. Their question is very straightforward: can I bring a claim? The answer is yes.
Maryland law does not penalize you when making a civil car accident claim without car insurance. You might face a citation and a fine for driving without insurance. You also will not have access to PIP insurance or uninsured motorist coverage in the event the other driver has inadequate insurance. But having no car insurance does not impact your civil claim for the injuries you suffered in the accident.
In fact, not only does it not limit your ability to bring a claim, the fact that you had a car accident without insurance will not be admitted as evidence at trial.
The take home-message: you should not hesitate to bring a personal injury claim because you were uninsured or driving a vehicle that was uninsured at the time of the accident. If you have a valid claim, law firms like ours will represent you. The same also holds for failing to have a valid license or driving on a suspended license. The sole focal point in determining whether you can bring a claim is whether it was your negligence or the other driver's negligence that caused the crash. That's it.You Caused the Crash
If you cause a car accident and it is your fault, you have a problem that is rarely going to have a simple solution. Our lawyers will not represent you. There is also not going to be anyone compensating you for your injuries in a tort case. There is a lot of talk about a fund in Maryland that pays for your injuries when you are uninsured and injured in a car accident that is your fault. The bad news is that there is no fund. It is an urban legend.
You are also not going to find a lawyer to represent you in lawyers without charging you a lot of money. You are going to have lawyers like our firm bringing a claim against you. Still, we are not the ones you should fear the most because we are unlikely to be taking money out of your pocket.
In the real world, few personal injury lawyers are making claims against uninsured motorists. The juice is usually not worth the squeeze. Instead, plaintiffs' attorneys bring uninsured motorist claims against the victim's insurance company. Sure, the plaintiff might try to sue you because the uninsured motorist policy is not large enough. But this is in a very small minority of cases.
So what will happen is the person you injured will get paid from their own insurance company. But after that settlement or verdict, the insurance company that pays the claim is going to come looking for you. Most insurance companies have entire law firms that focus on nothing but these subrogation claims. They are going to call you and mark up your credit. They may sue you until you reach an agreement with them. They are generally not going to require that you pay them the entire amount. But they are going to want something and they are going to try to make you miserable until you do.
Outside of paying them, there is no magic elixir to get them to stop. You might be a nice person and, unfortunately, this is happening to you. But, ultimately, you did not have insurance, you hurt someone, and they are going to do their best to make you pay.
If the case does not settle, you will, at least in Maryland, be named as a defendant. It would be smart to hire a lawyer (not us) to defend you, particularly if you have assets. But that is a steep investment and you have to balance the cost of hiring a lawyer versus your potential exposure.
If you were injured but do not have medical insurance, your lawyers will likely be able to find you, doctors, who can help you get better and who do not demand money upfront for their services. It is always better to use your doctors. Or get a referral from your doctor. Why not use the doctor your lawyer suggests. Because insurance companies love to make a federal case out of the idea that you were referred for treatment by your attorney.
Bu some victims do not have that option. Insurance company may not like it. But judges and juries understand that some people do not have easy access to a doctor and can't afford the co-pays most doctors require. If you are hurt and need medical treatment, you have to do what you can to get the treatment you need.
If you have been injured and you were not at fault for the car crash, we can help you find out how much money you can get as compensation for your loss, even if you were uninsured at the time of the collision. Call 800-553-8082 or get a free no-obligation case consultation.