No one wants to be in an accident, especially not when they get injured because of another driver’s negligence. The situation gets even worse when the at-fault driver has no insurance. 

In Maryland, insurers must offer enhanced uninsured motorist coverage. But what happens if you are in an accident and the negligent driver has no insurance despite this option?

If you are injured in such an accident, you may be relieved to know that you have legal options. But keep in mind that Maryland follows contributory negligence rules. This means you are barred from recovering any damages if you are even just 1% to blame for the accident. 

Keep reading to discover what you can do and what challenges you may experience when suing an uninsured driver. 

Maryland’s Insurance Requirements

Maryland law states all drivers must carry at least the minimum auto insurance coverage. As of 2025, these limits are: 

• $30,000 per person for bodily injury
• $60,000 per accident for bodily injury (this applies when multiple victims are injured. 
• $15,000 for property damage
• Uninsured/underinsured motorist coverage that matches the above limits (UM/UIM).

Even though these are legal requirements, some drivers drive without insurance. This means there is a good chance of being in an accident with a reckless or negligent uninsured driver. When this happens, it can leave you in a precarious financial situation. 

Suing an Uninsured Driver

Since you cannot claim from an uninsured driver’s insurance company, you can sue them directly if you are injured. However, this does not mean the process will be easy. 

For one, the driver may not have any assets you can claim against. In many cases, uninsured drivers do not have insurance because they cannot afford it. If this is the reality for the driver who caused your accident, they may not have any assets to pay for your losses. 

This means that even if you win your legal case, the driver may not have any means to pay your settlement. 

Secondly, lawsuits can be time-consuming and expensive. You will have to take time off work to attend legal proceedings. You will also have to budget to pay your lawyer. 

Again, you may win the case if you prove the other driver was at fault. But if the driver has no money to pay you, you will have wasted your money. 

Fortunately, there are ways you can recover some of your losses. This is despite being unable to sue the at-fault driver or claim from their insurer. 

Uninsured Motorist Coverage Can Help

Maryland requires all insurance companies to provide the option of uninsured motorist coverage (UM). This coverage should form part of every auto insurance policy. 

If you have this coverage, you can file a claim with your own insurance provider after an accident. With this payout, you can cover some of your medical expenses, lost income, property damage, etc. How much you get paid depends on your policy limits. 

Enhanced Uninsured Motorist Coverage

Since July 2018, Maryland has required insurers also to offer enhanced uninsured motorist coverage (EUIM). As of July 2024, it is no longer optional but is automatically added to policies. Insured clients can still opt out, however.

Unlike traditional UM coverage, EUIM allows you to recover damages without your settlement being reduced by payments from the at-fault driver’s coverage (if they are underinsured). 

This improved protection ensures you can receive full compensation after being injured in an accident caused by an uninsured or underinsured driver, though this depends on policy limits.

What to Do After an Accident With an Uninsured Driver

If the at-fault driver is uninsured, there are several steps you must take after an accident. The first and potentially very important step is to call the police. Accidents must be reported in Maryland if there are injuries, fatalities, or property damage. 

The responding officer will create an accident report, which you will need as evidence for a legal claim. 

You will also need more evidence to strengthen your case. This includes taking photos of the accident scene. Take pictures of everything, including vehicle damage, license plates, road conditions, and visible injuries. 

If possible, also get the contact information of any nearby witnesses. Their statements could help your case if you want to sue the driver. 

It is also very important to get a medical evaluation. You may feel mostly fine after an accident. However, this does not mean you can automatically rule out internal or other serious injuries. 

When you get medical attention, you can also get a copy of your medical records. This is crucial for your legal case. Medical records help link the accident to your injuries. 

If it becomes apparent that the driver is uninsured, you must report the accident to your insurer. This way, you can initiate the UM claim process faster. Provide your insurer with all the necessary documents, including a copy of the police report and medical records. 

You should consult an experienced personal injury lawyer to help you file a claim or a legal case. The lawyer will advise whether it is worth your time suing the driver. They can also help you get the most out of your UM claim. 

What If the Uninsured Driver Drove a Stolen Car?

If the at-fault driver crashed into you with a stolen car, you would typically file a claim with your insurer. The real owner of the car cannot be liable for your injuries unless they give the driver access to the car. 

What If the Uninsured Driver Flees?

You can still file a UM claim if the accident turns into a hit-and-run. Maryland law requires UM coverage to apply in hit-and-run cases. 

Alternatives to an Official Lawsuit

Sometimes, suing an uninsured driver is not practical or worth it. In addition to filing a UM claim, you also have other options. If you have a health insurance policy, this can help pay for immediate medical expenses. You can use this option while you wait for the UM claim to pay out. 

Sometimes, you may also be eligible for compensation through Maryland’s Criminal Injuries Compensation Board. This usually applies in criminal negligence hit-and-run or DUI cases. 

Maryland’s Insurance Coverage Laws Offer a Safety Net

In most cases, the easiest way to get compensated after an uninsured driver accident is to file a UM claim. 

If you have enhanced uninsured motorist coverage, you are even better protected if injured in an accident. 

Remember to always consult with a lawyer who can help you work through your legal options. This will ensure that you maximize your financial recovery.