Can You Sue After a Hit-and-Run Accident in Maryland?

Absolutely. If another driver hits you and then leaves the scene, you have certain rights under Maryland law. Additionally, some parts of your existing auto insurance policy can help after a hit-and-run accident. 

This article discusses Maryland law on hit-and-run accidents. It also explains how a Laurel, Maryland, car accident attorney can help after a hit-and-run accident. 

What is a Hit-and-Run Accident in Maryland?

According to Maryland courts, a hit-and-run accident is one where a person who causes or contributes to an accident “flees the scene without being identified.” The cars don’t have to make contact. An accident that happens because one car forces another vehicle off the road without ever touching it is still a hit-and-run. 

Hit-and-run accidents are a serious problem in Maryland. A recent analysis of NHTSA accident data found that from 2012 to 2021, nearly seven percent of fatal car crashes in Maryland were hit-and-runs. This number placed Maryland 12th in the nation for hit-and-run fatalities. Worse, the number of fatal hit-and-runs increased by over 60% during the study period.  

Can I File an Insurance Claim After a Maryland Hit-and-Run Accident?

Yes. Even if you don’t know who hit you, don’t worry. This is where your own auto insurance policy – specifically your uninsured and underinsured motorist coverage – comes into play.

Uninsured motorist coverage (also known as UM coverage) applies when the at-fault driver does not have insurance. Underinsured motorist coverage (also called UIM coverage) applies when the responsible driver has insurance, but it isn’t enough to cover the cost of the injured person’s accident injuries. 

The Maryland Insurance Administration has said that UM and UIM coverage can be used when “the other driver and vehicle are unknown, such as in a hit-and-run collision.” 

If you’re not sure if you have UM or UIM coverage, don’t worry. Under Maryland law, every auto insurance policy must include UM coverage for bodily injury and property damage in the same amounts as the driver’s regular policy. So, if you have the minimum coverages required by Maryland law ($15,000 of property damage coverage and $30,000 per person and $60,000 per accident bodily injury coverage), your auto policy has UM coverage in the same amounts.

In addition to UM, you may be able to use Personal Injury Protection (PIP) and collision coverage from your policy. PIP coverage can pay for accident-related medical costs and lost wages. Unlike your regular policy, which will only pay out if your actions played absolutely no role in causing the accident, PIP will pay regardless of who was at fault.

What if I Locate the Hit-and-Run Driver After I’ve Already Filed an Insurance Claim?

After the other driver is found, you can file a claim against their policy. Of course, if the other driver doesn’t have insurance, you’ll want to stick with your UM claim.

After the hit-and-run driver is found, your auto insurer will want to recover any UM funds that they gave you before the other driver was located. Typically, they will go after the other driver and their insurer. However, at some point, the other driver’s insurance company might ask you to sign a release. If you aren’t careful, signing the release could allow them to argue that the other driver and their insurer have no further responsibility for your injuries. Worse, in rare situations, an improper release might put you in a position where your insurer can’t get their money back. At that point, they might come after you. Talk to a Laurel personal injury attorney before signing anything.

Frequently Asked Questions About Maryland Hit-and-Run Accidents 

1. Is a police report required for a hit-and-run claim?

Technically, no. It’s not a requirement under Maryland law. However, your auto policy might require it, especially if you plan to file a UM or UIM claim. 

2. Does the other driver need to be arrested before I can file an insurance claim?

No. The insurance process and the criminal law proceedings are entirely separate. 

3. Can passengers, pedestrians, or cyclists file hit-and-run claims?

It depends on whether they have a way to access UM coverage. This could come from their own auto policy or the policy of someone in the same household.  

4. Will filing a hit-and-run claim increase my insurance rates?

Maybe. The Maryland Insurance Administration allows auto insurers to review policies after a UM claim. 

How Can a Laurel Injury Attorney Help After a Hit-and-Run?

A hit-and-run accident is a very serious matter. In addition to causing major injuries, these accidents raise many legal issues. But an experienced attorney can help. A Laurel accident injury law firm can:

• Investigating your accident, including looking for evidence that identifies the hit-and-run driver
• Helping you navigate the various insurance policies and coverages 
• Evaluating any releases and insurance disputes 
• Filing a lawsuit, if necessary 

If you need legal representation after a hit-and-run accident, contact the Law Offices of Thomas E. Pyles. Our team has decades of experience helping injured people get the compensation that they deserve. Schedule your free consultation today by calling 301-705-5006 or using our online contact form.