Many drivers assume that the at-fault driver’s insurance will cover the full cost of a crash. A serious injury can produce medical bills, lost income and long-term care that go well beyond a modest policy. When that happens, the injured person’s own policy may become the next source of recovery.

The Gap Between Losses and Coverage

Liability insurance pays up to a limit, and the limit may be far lower than the losses from a significant injury. A driver who carries a minimal policy has little to offer beyond that amount, and collecting from a person directly is often difficult. The injured person is left to look elsewhere for the rest.

Two types of coverage on the injured person’s own policy can help. Uninsured motorist coverage applies when the at-fault driver has no insurance, and underinsured motorist coverage applies when the driver has too little. The same family of coverage applies when the other driver without insurance cannot pay anything, since the claim then moves to the injured person’s own insurer.

Other Vehicles Raise Similar Gaps

The same gap appears in many kinds of crashes. A rider hurt by a negligent driver may face a policy that is too small for a serious injury, and Maryland motorcycle accident claims often involve a long recovery.

Collisions with large vehicles raise their own coverage questions, as Maryland truck accident claims show, and the commercial policies involved can be much larger.

How Maryland Sets the Limits

According to the Maryland Insurance Administration, the state’s underinsured motorist requirements provide that the limits of uninsured and underinsured coverage must equal the policy’s liability limit, unless the insured elects limits that are lower. When no selection is made, the insurer must provide uninsured motorist coverage at the matching limit.

That default favors the policyholder, but it also means a person who chose reduced limits to save on premiums may find the coverage smaller than expected.

A Maryland car accident lawyer can total the losses and compare them with every policy that may apply.

Enhanced Coverage Works Differently

Maryland also allows enhanced underinsured motorist coverage, which behaves differently from the standard version. The enhanced coverage limit is not reduced by the amount available from the at-fault driver’s insurer. Standard coverage, by contrast, reduces what the policyholder receives by the amount that is available from the other party.

The law took effect on October 1, 2017, and it applies to private passenger automobile policies purchased on or after July 1, 2018. A policyholder who bought a policy before that date may have a different structure, so the policy documents deserve a careful reading.

Medical Bills Are Only One Part of the Picture

Personal injury protection coverage can help pay for medical expenses early, but it has limits of its own. Learning the personal injury protection limits helps an injured person plan for the point when that coverage runs out and larger claims become necessary.

Lost income, future care and pain from a lasting injury are often the largest parts of a serious claim. They are also the parts most likely to exceed the at-fault driver’s policy.

Questions to Raise After a Serious Crash

An injured driver who suspects the other policy is too small should gather information early:

  • The at-fault driver’s insurer and the stated policy limits, if the insurer will disclose them
  • A copy of the injured person’s own policy, including the declarations page
  • The selections made for uninsured and underinsured motorist coverage
  • Medical records and bills that show the full scope of treatment

People searching for a Maryland car accident lawyer often start with a single question about whose insurance applies, and the answer usually depends on several policies working together.

When the injury arises from a general motor vehicle collision, Maryland motor vehicle accident claims follow the same pattern of comparing every available policy against the real cost of the injury.

Experience With Insurance Disputes

The Law Firm of Frederick J. Brynn, P.C. handles car accident and other personal injury matters. Frederick J. Brynn has practiced law for more than 30 years, and Attorney Stephen F. Brennwald has practiced for 40 years and has been licensed in Maryland since 1985.

The right questions asked early can protect a claim before anyone signs a release, and a driver whose losses may exceed the other policy can reach out to the firm to review which coverage applies.