What to Do After a Car Accident Without Insurance in Maryland (When Not At Fault)

Being involved in a car accident can be stressful enough on its own. It becomes even more complicated if you were driving without insurance at the time of the collision. This situation leaves many questions for at-fault and not at-fault uninsured drivers alike.

This article will explain the implications, legal protections, and next steps for Maryland drivers who lack auto insurance and are not at fault for an accident.

Overview of Maryland Auto Insurance Laws

Under Maryland law, all motor vehicles operated on public roads must be covered by a minimum level of liability insurance. This includes private passenger vehicles along with commercial trucks and buses.

The required minimum liability limits are:

• $30,000 bodily injury per person
• $60,000 bodily injury per accident
• $15,000 property damage

Alternatively, drivers can pay an uninsured motor vehicle fee to the state to register an uninsured vehicle. However, coverage is still required when driving.

Driving without insurance in Maryland can result in fines, suspension of your license and registration, and even criminal charges for repeat offenses.

Legal Protections for Uninsured Accident Victims

What rights do you have in seeking damages after an accident if you were driving without required insurance at the time?

The key points:

• You can still make an injury claim and file a lawsuit against the at-fault driver even if you were uninsured.

• Not having insurance does not limit your ability to recover compensatory damages.

• The fact you were uninsured will likely be inadmissible in court.

• You retain the same legal rights as insured drivers when not at fault.

So being uninsured does not preclude you from pursuing a liability claim and damages from the negligent driver who caused the collision.

Why Your Uninsured Status Likely Won’t Be Raised

The defense attorney for the at-fault driver could technically try to bring up that you had no insurance at the time of the accident.

However, it is unlikely this would be permitted in court. Under Maryland evidence rules, information about a plaintiff’s insurance coverage is generally inadmissible because it is not relevant in determining fault or damages.

The sole focus of your injury claim will be proving:

• The other driver’s actions were negligent and broke traffic laws
• This negligence directly caused the accident
• You sustained identifiable damages as a result

Whether you had active insurance has no direct bearing on any of those key elements. So the court would likely prohibit mentioning your uninsured status at trial as it could unfairly bias the jury.

Steps to Take After an Accident Without Insurance

If you are involved in a Maryland collision while uninsured, here are important steps to take:

1. Seek Any Necessary Medical Care

If you are injured, your top priority should be getting prompt medical attention even if you lack health insurance. You can worry about coverage and payment later.

Head to an emergency room or urgent care for assessment and treatment of any urgent issues. Follow up with doctor visits as needed.

Make sure all diagnoses, treatment plans, and prognosis are thoroughly documented in your medical records. Track expenses and save receipts.

2. Document the Accident Scene

If possible, take photos capturing damage to all vehicles, debris, skid marks, and the overall scene. If traffic cameras or security footage could have recorded the collision, try to obtain copies.

Photos and videos help show what happened and prove the other driver’s fault.

3. File a Police Report

Contact the police to file an official report. Provide accurate details of how the accident occurred. Make sure the report attributes fault correctly based on evidence.

Having the at-fault driver’s liability documented early is key. Ask for a copy of the report.

4. Contact Witnesses

Get contact information for any bystanders who saw the crash unfold. Eyewitness accounts are strongly persuasive for assigning fault.

See if any witnesses would be willing to give a written statement or court testimony on your behalf later.

5. Consult an Attorney

Contacting an experienced Maryland car accident attorney is highly advisable, even if uninsured. They can conduct a liability investigation, negotiate with insurers, and file a lawsuit to recover damages for your losses.

An attorney also ensures your uninsured status remains inadmissible and does not undermine your claim. Retain one as soon as possible after an accident.

Damages You Can Potentially Recover

Without your own insurance coverage, seeking compensation from the at-fault driver takes on increased importance.

As an uninsured driver, some damages you may be entitled to pursue through a liability claim or lawsuit include:

• Medical expenses – Bills from hospitalization, ambulatory care, rehab, prescriptions, devices, and any care relating to accident injuries.

• Lost income – Wages lost if injuries prevent you from working during recovery and rehabilitation.

• Loss of future earnings – If disabilities from injuries diminish your long-term earning capacity.

• Property damage – Repair or replacement costs for your damaged vehicle.

• Pain and suffering – Compensation for any physical and emotional trauma from injuries.

• Loss of consortium – If injuries impair spousal relations.

• Wrongful death damages – Funeral costs and loss of support if a fatality is involved.

An experienced attorney can seek full and fair compensation.

Barriers to Recovery as an Uninsured Driver

Without your own insurance coverage, there are some barriers that could limit damages or prevent recovery altogether:

• Limited assets – If the at-fault driver has few assets, even winning a lawsuit may yield little payout. Judgements can be hard to collect.

• Minimal required coverage – Maryland only mandates up to $30,000 per person in liability coverage. Major injuries often exceed this.

• Contributory negligence – If you are even 1% to blame for causing the accident, you are barred from recovering anything in Maryland’s strict system. Any questionable factor like an invalid license could undermine your case.

• Subrogation – If the at-fault driver’s insurer pays out on your claim, they may seek repayment from you once the claim closes if they determine you were driving illegally by being uninsured.

For these reasons, uninsured drivers have a heavier burden in obtaining compensation. Speaking with an attorney improves the odds of overcoming these hurdles.

Key Takeaways

Being in an accident without insurance leads to unique challenges. But you retain the same legal rights to pursue a liability claim as insured drivers when not at fault. An experienced attorney can help maximize your potential to recover damages.