Can I Sue Someone Who Hit My Car Without Insurance?

Yes, you can sue someone who hit your car without insurance in Maryland, but getting compensated may not be straightforward. While the at-fault driver is legally responsible for your losses, their lack of insurance could make it harder to recover the money you need for medical bills, lost wages, and vehicle repairs. This is a frustrating and stressful situation, especially if you’re already dealing with pain from your injuries and financial uncertainty. 

A Maryland car accident lawyer can help you explore every legal option available to pursue the compensation you deserve. This article explains how Maryland’s car accident and personal injury laws apply to your situation, how negligence is proven, and what steps you can take when the at-fault driver is uninsured so that you can make informed decisions and protect your rights.

How Lack of Insurance Affects Your Ability to Recover Compensation

Even though you can sue an uninsured driver in Maryland, the absence of insurance makes it harder to actually collect the money you’re owed. A court may award you compensation for your injuries, property damage, and other losses, but if the driver doesn’t have insurance or significant personal assets, it can be difficult to enforce the judgment. Simply put, you can’t recover money from someone who doesn’t have it.

Maryland does not require drivers to carry extensive assets, so while you’re legally entitled to sue and win, the practical challenge is how to get paid. The court may allow wage garnishment or liens on property, but these are often slow processes with no guarantee of full recovery, especially if the driver has minimal income or assets.

Knowing your other options for compensation is crucial. In many cases, injured drivers can recover damages through their own insurance policies, specifically via uninsured motorist coverage, which we’ll explore next. Understanding how to handle this situation is key to avoiding financial hardship after a crash caused by an uninsured driver.

Your Legal Options for Compensation After a Car Accident in Maryland

If the at-fault driver has no insurance or not enough to cover your losses, you still have important legal options for recovering compensation under Maryland law. 

Uninsured Motorist (UM) Coverage

The most common route is through your own auto insurance policy’s uninsured motorist (UM) coverage, which is required by law in Maryland. Uninsured motorist insurance coverage is designed to step in and pay for your medical expenses, lost wages, pain and suffering, and property damage when the at-fault driver is uninsured.

Underinsured Motorist Coverage

In cases where the driver has some insurance but not enough, your underinsured motorist (UIM) coverage can help make up the difference. It can cover the difference between their policy and your total damages. Both UM and UIM claims are handled through your insurance company, but that doesn’t mean getting paid is automatic. You’ll still need to prove the other driver’s negligence and the extent of your damages.

You Can Pursue Both a Claim and a Lawsuit

Importantly, you can pursue both a UM/UIM claim and a lawsuit against the at-fault driver at the same time. This dual approach ensures you’re exploring every possible avenue to recover compensation and avoid paying out of pocket for an accident you didn’t cause. 

A Maryland personal injury lawyer can help explain all of your legal options.

Proving the Other Driver’s Negligence After a Car Accident

Whether you file a personal injury lawsuit or an uninsured motorist claim, you must prove that the other driver was negligent to recover compensation. Negligence means the driver failed to act with reasonable care, and that failure directly caused your injuries.

To build a strong case, evidence is critical. Your car accident lawyer may need to gather:

• Police reports documenting fault and citations
• Witness statements supporting your version of events
• Photos or videos from the accident scene
• Medical records linking your injuries to the crash
• Expert analysis of the collision, if needed

Other Common Concerns and Questions Regarding Your Car Accident Claim

In addition to worrying about compensation, you may have practical questions about how the claims process affects you financially and legally. Here are a few key concerns:

Will My Insurance Rates Go Up If I File a UM Claim?

Possibly. While using your uninsured motorist coverage can impact your premiums, your health and financial recovery should come first. A lawyer can help ensure your claim is handled properly and may be able to limit negative impacts.

What If I Don’t Have UM/UIM Coverage?

Maryland requires all drivers to carry UM/UIM coverage, but if for some reason it lapsed or was insufficient, your options become more limited. An attorney can help you explore whether any third parties could be held liable or whether payment plans or other legal avenues are available.

Is There a Deadline to File a Lawsuit?

Yes. Maryland has a three-year statute of limitations for personal injury and car accident lawsuits. That means you must take legal action within three years of the accident date or risk losing your right to compensation.

Understanding your rights can help you take timely action and avoid unnecessary financial hardship.

How Our Maryland Car Accident Attorneys Support You

Being hit by an uninsured driver can feel like a double blow. First, there’s the accident; then, there’s the uncertainty about how you’ll pay for your recovery. While these situations are challenging, you are not without options. Maryland law gives you the right to seek compensation. Tools like uninsured/underinsured motorist coverage and legal action against the at-fault driver can help protect you financially.

Our Maryland car accident attorneys are here to help you explore every possible path to recovery, handle the legal complexities on your behalf, and fight to ensure that your injuries and losses are taken seriously.

Connect With a Maryland Car Accident Lawyer Today

The Maryland car accident lawyers at Adam Smallow Injury Lawyers understand the stress and frustration that come with car accident injuries, especially when the driver who caused them failed to carry insurance. We can help with medical recommendations, provide 24/7 text communications, and work on contingency. 

Contact us today for a free initial consultation about your case.