Innocent victims are often injured by a negligent driver who either carries no insurance or has a Maryland policy for the minimum insurance amounts required ($30,000 per person/$60,000 per occurrence).
Sometimes there are instances where motorists are injured by hit and run drivers who flee the scene. When this occurs, an injured person may be able to make a claim against their own insurance company for the damages they have incurred. Maryland law requires that insurance companies provide Uninsured and Underinsured Motorist Benefits (“UIM”) when they issue an insurance policy.
UIM benefits allow a policyholder to make a claim and/or sue their own insurance company for the difference between the negligent driver’s policy and the UIM policy. Maryland law also requires that insurance companies offer “Enhanced UIM” when the policy is written, though this is an optional coverage. Enhanced UIM allows for the insured to seek the amount of their policy in addition to benefits paid by the underinsured negligent driver.
If you are able, you should choose insurance coverage above the state minimum and should opt in for Enhanced UIM benefits.
Who is covered by UIM?
- The named insured
- Everyone in their vehicle at the time of the collision
- Any of the named insured’s resident relatives
When do UIM benefits cover an injured person?
- When the negligent driver flees or can’t be identified
- When the negligent driver is uninsured
- When the negligent driver’s insurance is not enough to cover the damages the innocent victim has incurred
UIM benefits even cover an insured when they are a pedestrian and injured by a negligent motorist.
Let’s use some examples to understand UIM benefits. We will assume that our innocent victim, “Jane”, has a $100,000 per person/$300,000 per occurrence UIM policy on her vehicle.
- Jane is injured by a driver, while driving her vehicle, who is uninsured or who flees the scene and can’t be identified. Jane can make a claim against her insurance company for up to $100,000.
- Jane is injured by a driver who only has $30,000 in coverage. If the negligent driver offers the full $30,000, Jane can seek an additional $70,000 from her insurance company. If Jane has Enhanced UIM benefits, Jane can seek an additional $100,000 from her insurance company.
- Jane is injured by a negligent driver who has a $100,000 policy. The negligent driver offers the full policy amount. Jane cannot seek additional benefits from her insurance policy unless Jane has an Enhanced UIM policy, then Jane can seek an additional $100,000 from her insurance company.
- Jane and her two children are injured by a negligent driver who carries a Maryland minimum policy of $30,000 per person/$60,000 per occurrence. Jane and her two children each receive $20,000 from the negligent driver’s policy. Jane and her two children can each make a claim for $80,000 from Jane’s insurance company, $100,000 each if Jane opted for the Enhanced UIM coverage.
- Jane’s daughter is struck by a negligent driver who flees the scene while walking to school. Jane’s daughter can seek $100,000 from Jane’s insurance company.
There are many other situations where UIM coverage could apply to help an injured person get the compensation they deserve. If you or a loved one has been injured by a negligent driver, contact our office at 410.759.8320 to determine what benefits may be available to you.