Maryland Uninsured and Underinsured Motorist Claims

When does a Maryland UM/UIM claim come up?

We see these claims after hit-and-run crashes, after collisions with drivers whose insurance had lapsed, and most often after serious crashes with drivers carrying only Maryland's minimum liability policy of $30,000 per person and $60,000 per accident (Md. Code, Transp. § 17-103(b)). A fractured leg, a spinal surgery, or a brain injury can exceed $30,000 in medical bills alone.

Your UM coverage can also protect you outside your own car. Depending on the policy terms, it can apply when you are riding in someone else's vehicle, walking, or cycling (Md. Code, Ins. § 19-513(d)), and it extends to surviving relatives when a crash is fatal (Md. Code, Ins. § 19-509(c)(3)). Every household policy should be checked, including the policies of relatives you live with.

How does uninsured motorist coverage work in Maryland?

Every Maryland auto policy must include uninsured motorist (UM) coverage for bodily injury, property damage, and wrongful death claims caused by an uninsured motor vehicle (Md. Code, Ins. § 19-509(c)). Maryland defines an "uninsured motor vehicle" to include a vehicle whose liability limits are less than your UM coverage, so underinsured drivers fall within the same coverage (§ 19-509(a)).

Unless you waived it in writing, your UM limits must equal your liability limits (§ 19-509(e)(2)). A waiver of that equal coverage is effective only if it was an affirmative written waiver on the Insurance Commissioner's form, given after the insurer told you the nature, extent, benefit, and cost of the coverage you were giving up (Md. Code, Ins. § 19-510). We ask for the waiver form in every case; if it is missing or defective, the coverage may be higher than the declarations page says.

A Maryland policy may not force UM disputes into binding arbitration (§ 19-509(j)), and coverage applies when the at-fault driver's insurer is insolvent or unable to pay, the same as if the driver were uninsured (§ 19-509(i)).

What is enhanced underinsured motorist coverage in Maryland?

Enhanced underinsured motorist coverage pays up to your full UIM limit without subtracting what the at-fault driver's insurer paid (Md. Code, Ins. § 19-509.1(h)(2)). Standard Maryland UM coverage is reduced by the amount paid from the at-fault driver's policy (§ 19-509(g)).

For private passenger policies issued on or after July 1, 2024, insurers must provide enhanced UIM unless the first named insured waives it with an affirmative written statement (§ 19-509.1(b)(2) and (c)). For renewals of policies issued before that date, enhanced coverage applies only if it was elected (§ 19-509.1(b)(3)). Many people do not know which coverage they have, so we pull the full policy and every election and waiver form. Our post on Maryland's enhanced UIM coverage and the offset trap explains the difference in more depth.

Do you need your insurer's consent to settle with the at-fault driver in Maryland?

Yes, in effect. If the at-fault insurer offers a settlement that would exhaust its limits, Maryland requires you to send a copy of the written offer by certified mail to your UM insurer, which then has 60 days to consent or refuse (Md. Code, Ins. § 19-511(b) and (c)). The same procedure applies to enhanced UIM coverage under § 19-511.1.

If your insurer refuses consent, it must pay you the amount of the settlement offer within 30 days, which preserves its right to pursue the at-fault driver (§ 19-511(d) and (e)). You may accept the liability settlement and sign releases without losing your UM claim once your insurer consents in writing, or if it fails to meet either deadline (§ 19-511(f)). Consent is not an admission: your insurer can still contest fault and damages in the UM claim (§ 19-511(g)).

Skipping these steps is one of the most expensive mistakes in a Maryland injury case. A release signed too early can jeopardize the claim against your own insurer, which may be the larger source of money.

What exclusions do Maryland insurers raise?

• Household-owned uninsured vehicle. A policy may exclude coverage for you or a resident family member injured while occupying, or struck as a pedestrian by, an uninsured vehicle owned by you or a resident immediate family member (§ 19-509(f)(1)).
• Excluded drivers. A policy may exclude coverage when the insured vehicle was being driven by a person specifically excluded from the policy (§ 19-509(f)(2)).
• Family-member liability limits. When the at-fault driver is a relative in your household, the liability policy's household exclusion can cap coverage at the $30,000 statutory minimum unless optional family-member coverage was purchased. The Supreme Court of Maryland enforced that exclusion against adult children's wrongful death claim in Murphy v. Gov't Emps. Ins. Co., No. 55, Sept. Term 2025 (Md. July 13, 2026). Insurers must offer the optional coverage (Md. Code, Ins. § 19-504.1).
• No duplicate recovery. UM benefits cannot be collected on a duplicative basis from more than one policy or insurer (Md. Code, Ins. § 19-513(b)), so the order of coverage matters when several household policies apply.

What is MAIF, and when does it pay?

The Maryland Automobile Insurance Fund (MAIF) can pay injury claims caused by unidentified hit-and-run drivers and by uninsured drivers, but only for people who do not have UM coverage of their own, and notice of the claim generally must be filed with the Fund within 180 days after the accident (Md. Code, Ins. § 20-603(a)). A person insured under a policy with UM coverage is not a "qualified person" for a Fund claim (Md. Code, Ins. § 20-601(a)(2)(iii)), and UM coverage is primary to any recovery from MAIF (§ 19-509(h)(2)).

The Fund's notice must include evidence that you are not eligible for UM benefits from your own or a household member's policy, along with wage certification, medical bills and reports, and accident reports (§ 20-603(b)). MAIF also has eligibility rules that exclude, for example, people who were driving or riding in their own household's uninsured vehicle (§ 20-601(b)).

How do insurers defend UM/UIM claims, and how do we answer?

Once you make a UM claim, your own insurer stands in the at-fault driver's shoes and can contest fault and damages. Expect the same contributory negligence arguments the other driver's insurer would make, a recorded statement request, broad medical authorizations, and an independent medical examination. We prepare a UM claim as though it will be tried, because the only real leverage is readiness to prove it. Our guide chapter on dealing with insurance adjusters explains what to share and what to hold back.

Deadlines that matter in a Maryland UM claim

• Three years from the crash to sue the at-fault driver in most cases (Md. Code, Cts. & Jud. Proc. § 5-101)
• 180 days to file notice with MAIF when a Fund claim is the only option (Md. Code, Ins. § 20-603)
• 60 days for your insurer to consent to or refuse a limits settlement, then 30 days to pay if it refuses (§ 19-511)
• Policy notice and cooperation conditions, which vary by insurer; we read them at the start

A final judgment in a PIP action does not bar a later UM or enhanced UIM action from the same crash (Md. Code, Ins. § 19-509.2), so pursuing PIP benefits early does not forfeit the larger claim.

Evidence checklist for a Maryland UM/UIM claim

• Your full policy, declarations pages, and every UM waiver or enhanced UIM election form
• Policies of every relative you live with
• The police report and any information about the other driver's insurance status
• Written settlement offers from the at-fault insurer, and certified mail receipts for each notice to your insurer
• Medical records, bills, and proof of lost income

Who handles Maryland UM/UIM claims at our firm?

Ryan Posey and Jacob Lebowitz are admitted in Maryland and handle UM/UIM claims and lawsuits against insurers, including in the Circuit Courts for Montgomery County in Rockville and Prince George's County in Upper Marlboro. Learn about our work in Montgomery County and Prince George's County, see our Maryland personal injury overview, read about Maryland car accident claims, or compare D.C. and Virginia on our main uninsured and underinsured motorist claims page.

Related reading

• Maryland's new enhanced UIM coverage and the offset trap
• The Maryland household exclusion after Murphy v. GEICO
• Maryland PIP: the no-fault coverage most crash victims forget
• What happens if someone with little or no auto insurance injures you
• What is uninsured motorist coverage?
• DMV Injury Guide: using your own insurance, including PIP, MedPay, and UM/UIM
• DMV Injury Guide: dealing with insurance adjusters

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.