DC Injury Lawyer Blog
A serious crash can leave you with medical bills, lost income, and a long recovery, only to find out that the driver who hit you carried the lowest insurance the state allows. When the at-fault driver’s coverage runs out before your losses are paid, the next place to look is often your own auto policy. Underinsured motorist coverage exists for exactly this situation, and most Maryland drivers carry it without fully understanding how it works.
Your own underinsured motorist coverage can step in to cover part of the gap between what the other driver’s policy pays and what your injuries are actually worth. Maryland sets specific rules about how that coverage is calculated, what you have to do before you settle with the other driver, and how your own insurer can fight the claim. Getting these steps right early can be the difference between a full recovery and money left on the table.
What Underinsured Motorist Coverage Does in Maryland
Underinsured motorist coverage, often shortened to UIM, is part of your own auto policy rather than the other driver’s. It applies when the person who caused the crash has some liability insurance, but not enough to cover your injuries. Maryland requires this type of protection on standard auto policies, so there is a good chance you already carry it even if you have never filed a claim under it.
This coverage matters most after the kind of crash that produces real harm. A driver carrying state-minimum liability limits may have far less coverage than a hospital stay, surgery, and months of lost wages will cost. Your UIM coverage is meant to fill in behind that limited policy so your own losses are not capped by someone else’s cheap insurance.
How Maryland Decides How Much Your Own Coverage Adds
Maryland uses what is often called a gap approach for standard underinsured motorist claims. Your UIM coverage pays the difference between the at-fault driver’s available liability limits and your own UIM limit, rather than stacking fully on top of it. If the other driver carries $30,000 in coverage and you carry $100,000 in UIM, your own policy can add up to $70,000, for a total of $100,000.
Maryland also lets drivers choose an enhanced version of this coverage that works differently. Enhanced underinsured motorist coverage stacks on top of the other driver’s limits instead of subtracting from your own, which can leave more money available after a severe crash. Checking which version you actually selected is one of the first things worth doing, since the difference can be large when injuries are serious.
Why You Must Tell Your Own Insurer Before You Settle
Maryland has a step that catches many injured drivers off guard. Before you accept a settlement from the at-fault driver’s insurance company, you generally have to give your own underinsured motorist insurer written notice of that offer. Your insurer then has a set period, 60 days under Maryland law, to either agree to the settlement or pay you the amount of the offer itself so it can protect its own right to recover from the at-fault driver later.
Skipping this step can quietly damage your UIM claim. If you sign a release with the other driver’s insurer without giving your own company the required notice and a chance to respond, you may lose the ability to collect under your own policy at all. This is one of the main reasons it helps to slow down before signing anything an adjuster sends you.
How an Insurer Can Limit or Deny a UIM Claim
One hard part of a UIM claim is that you may end up arguing against your own insurance company. When you file under your UIM coverage, your insurer steps into the position of the at-fault driver and can raise the same defenses that driver could have raised. That includes disputing how the crash happened, how badly you were hurt, and how much your injuries are worth.
Maryland’s contributory negligence rule makes this more serious than it would be in many other states. If your insurer can show that you were even slightly at fault for the crash, that finding can reduce or completely bar your recovery, the same way it could against the other driver. An insurer may also argue that your treatment was unnecessary or that your bills are inflated, which is why steady medical care and clear documentation carry real weight in these claims.
Talking With an Attorney Before You Accept a Settlement
The most useful time to involve an attorney is before you settle with anyone, not after. An attorney can read your own policy to confirm how much UIM coverage you carry and whether it is the standard or enhanced version. That review often reveals coverage that drivers did not realize they had.
An attorney can also handle the notice and consent steps that Maryland requires, deal with both insurers on your behalf, and gather the records that support the full value of your claim. Acting early protects evidence, keeps you from signing away rights you did not know you had, and gives your claim the best chance before deadlines and missing documents become a problem.
Contact The Schupak Law Firm After a Serious Maryland Crash
If you were hurt in a crash in Maryland, Washington, D.C., or Virginia and the other driver did not carry enough insurance, you do not have to sort through the coverage questions alone. The Schupak Law Firm can review your own policy, identify the coverage that may apply, handle the notice steps Maryland requires, and explain your next steps. To schedule a consultation, contact The Schupak Law Firm at 240-833-3914.