Uninsured Motorist Claim Lawyer Montgomery County — What Are Your Rights?
If you are hit by an uninsured driver in Montgomery County, Maryland, you have the right to file a claim under your own policy’s uninsured motorist (UM) coverage. Maryland law requires all auto policies to include UM coverage. Law Offices Of SRIS, P.C.
Last verified: April 2026 | District Court of MD for Montgomery County | Maryland General Assembly
Understanding Uninsured Motorist Claims in Maryland
An uninsured motorist claim is a request for compensation from your own insurance company after an accident caused by a driver with no liability insurance. Maryland law, under Md. Code, Insurance Art. § 19-509, mandates that all automobile liability insurance policies issued in the state include uninsured motorist coverage. This coverage is designed to protect you, your family members residing in your household, and passengers in your vehicle. The minimum required UM coverage limits in Maryland match your policy’s liability limits for bodily injury and property damage.
Filing a UM claim in Montgomery County involves notifying your insurer of the accident, providing evidence that the other driver was uninsured and at fault, and documenting your damages. Unlike a standard third-party claim, you are essentially making a claim against your own policy. This process can become adversarial, as your insurer has a financial interest in minimizing the payout. Having an experienced uninsured motorist claim lawyer Montgomery County advocate on your behalf is critical to handling this process and fighting for the full value of your claim.
Key Steps in a Montgomery County UM Claim
The procedural path for a UM claim in Montgomery County is distinct from a typical injury claim. The first critical step is reporting the accident to your own insurance company promptly. You must also file a police report, as this official document is vital for establishing fault. Maryland is a contributory negligence state, meaning if you are found even 1% at fault, you could be barred from recovery. This makes evidence collection—photos, witness statements, and accident reconstruction—essential from the very beginning.
- Report and Document: Immediately report the accident to your insurer and the police. Gather all evidence at the scene.
- Confirm Uninsured Status: Your attorney will work to officially confirm the at-fault driver has no active liability insurance.
- File the UM Claim: Submit a formal claim to your insurance company, including a demand letter outlining your damages.
- Negotiate or Litigate: If the insurer offers an unfair settlement, your lawyer will negotiate aggressively. If necessary, they will file a lawsuit in Montgomery County Circuit Court.
Potential Compensation in a UM Case
In Montgomery County, a successful uninsured motorist claim can recover compensation for medical expenses, lost income, property damage, and pain and suffering, up to the limits of your UM policy.
| Damage Type | Coverage | Notes |
|---|---|---|
| Medical Bills | Past and future costs | Includes hospital stays, surgery, therapy, medications. |
| Lost Wages | Income lost due to injury | Can include diminished future earning capacity. |
| Pain & Suffering | Non-economic damages | Compensation for physical pain and emotional distress. |
| Property Damage | Vehicle repair or replacement | Subject to policy limits and deductible. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with Uninsured Driver Claims
Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. We understand the specific challenges of pursuing compensation after an accident with an uninsured driver. Our approach is grounded in a thorough investigation to establish clear liability and fully document our clients’ losses, which is paramount in Maryland’s strict contributory negligence system.
In Montgomery County and across Maryland, we have a documented record of resolving personal injury claims favorably for our clients. While specific outcomes depend on the unique facts of each case, our firm-wide focus is on achieving the best possible result. For UM claims, this often involves skilled negotiation with insurance adjusters and, when necessary, prepared litigation. Our secondary attorney on Maryland personal injury matters, Kristen Fisher, a former Maryland Assistant State’s Attorney, provides additional depth in local court procedures and insurance law.
Results may vary. Prior results do not aim for a similar outcome.
Uninsured Motorist Claim Lawyer Serving Montgomery County
Our Rockville location serves clients throughout Montgomery County. We are accessible via I-270, I-495, and Route 355 (Rockville Pike). If you need an uninsured driver accident lawyer Montgomery County residents trust, contact us for a near-me consultation.
Service Areas: Rockville, Bethesda, Silver Spring, Gaithersburg, Germantown, Wheaton, Kensington, Potomac, Olney, Damascus, Clarksburg, Takoma Park, Chevy Chase, and all of Montgomery County.
Availability: 24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
199 E Montgomery Ave Suite 100 Room 211
Rockville, MD 20850
Toll-Free: (888) 437-7747 | Local: (888)-437-7747
By appointment only.
Montgomery County Uninsured Motorist Claim FAQs
What should I do immediately after a hit-and-run or accident with an uninsured driver in Montgomery County?
Call the police, seek medical attention, and report the accident to your own insurance company. Do not admit fault. Then, contact a UM claim lawyer Montgomery County to protect your rights, as dealing with your own insurer on a UM claim requires specific legal knowledge.
Does my insurance go up if I file an uninsured motorist claim in Maryland?
It depends on your insurance company’s policies and Maryland law. Generally, a UM claim is not considered an “at-fault” accident, so it may not cause a rate increase. However, insurers can use various factors to adjust premiums. An attorney can advise you on the potential implications for your specific policy.
What if the uninsured driver is identified but has no assets?
Your primary recourse is through your own UM coverage. While you could obtain a judgment against the uninsured driver personally, collecting on it is often difficult if they have no assets or income. Your UM insurance provides a practical source of recovery in this common scenario.
How long do I have to file an uninsured motorist claim in Montgomery County?
You have 3 years from the date of the accident to file a lawsuit for personal injury under Maryland’s statute of limitations (Md. Code, Courts & Judicial Proceedings Art. § 5-101). However, your insurance policy will have a much shorter deadline (often days or weeks) for you to report the accident and file the claim. Immediate action is crucial.
What is the difference between uninsured (UM) and underinsured (UIM) motorist coverage?
UM coverage applies when the at-fault driver has no insurance. UIM coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover your total damages. Maryland law also requires UIM coverage. A lawyer can help you handle a claim under either coverage type.
For more information on court procedures, visit the District Court of Maryland for Montgomery County website.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
If your claim reaches beyond Montgomery County, our page on uninsured motorist claim claims across Maryland sets out what to look for at each stage.