What Do You Do if the At-Fault Driver Does Not Have Insurance in Maryland?

 Posted on August 06, 2025 in Car Accidents

Car accidents are already inherently stressful. Finding out the other driver does not have insurance only adds to the frustration. In Maryland, all drivers are legally required to carry car insurance, but that does not mean everyone follows the law. If you were hit by someone without insurance, you may still have options for covering your medical bills, lost wages, and vehicle damage. A Hagerstown, MD car accident attorney can help you understand what steps to take next.

Steps To Take Immediately After a Car Crash With an Uninsured Driver in Maryland

The following steps can strengthen your claim and make it easier to pursue compensation, even when the at-fault driver is uninsured:

• Call 911 immediately: Request medical help for anyone injured and ask for a police officer to come to the scene.

• Request a police report: A formal accident report can serve as valuable evidence when dealing with insurance or filing a legal claim.

• Exchange information: Even if the at-fault driver admits they are uninsured, collect their name, contact information, driver’s license number, and license plate.

• Take photos: Document the accident scene, vehicle damage, road conditions, and any visible injuries.

• Gather witness details: If anyone saw the crash, get their names and phone numbers in case you need their statements later.

According to Md. Code, Transportation § 20–107, any driver involved in an accident that results in injury, death, or property damage must stop at the scene. They have to provide their name, address, and vehicle registration number, and assist anyone who is injured. Getting this information is even more important when the other driver is not insured.

Options for Recovering Compensation From an Uninsured Driver in Maryland

If the at-fault driver does not have insurance, you may be able to file a claim under your own insurance policy, specifically under uninsured motorist (UM) coverage. Maryland requires all auto insurance policies to include UM coverage under Md. Code, Insurance § 19–509. This coverage helps pay for medical expenses, lost wages, and other costs when the other driver is uninsured or underinsured.

Another possibility is suing the uninsured driver directly in court. However, collecting money from them may be difficult if they do not have assets or income. Even if the court orders them to pay, they might not be able to do so.

Victims with severe injuries or significant losses should explore all sources of compensation. This might include health insurance, personal injury protection (PIP), or even third-party liability if another person or business shares fault.

How To Protect Yourself From Uninsured Drivers in Maryland

The best way to protect yourself from uninsured drivers is to carry all required insurance, including uninsured motorist coverage. UM coverage pays for injuries and damages if the other driver has no insurance. For an added safety net, you can carry personal injury protection insurance. PIP covers medical bills and lost wages regardless of fault. It applies even if you were a passenger or pedestrian. Keeping PIP on your policy gives you fast access to essential benefits and reduces financial stress after an accident.

Contact a Washington County, MD Car Accident Attorney Today

Attorney Andrew A. Serafini, Jr., a Hagerstown, MD car accident lawyer, has over 12 years of experience and gives every case his personal attention. He grew up in Hagerstown and remains actively involved in the local community. Clients appreciate his supportive and responsive approach, while insurance companies and defendants know him as a strong, aggressive advocate. At Serafini Law, we answer calls 24/7 and work on a contingency fee basis. That means you pay nothing unless we win. Contact us today at 240-744-1600 to schedule a free consultation.