Underinsured Motorist Claim Lawyer Baltimore, MD
An underinsured motorist claim arises when you are injured by a driver whose insurance coverage is not enough to pay for the full extent of your losses. In Baltimore, Maryland, these claims are governed by state insurance regulations and the court rules applicable to personal-injury actions filed in Baltimore City District Court or Baltimore City Circuit Court. Maryland is one of a small number of jurisdictions that follows the pure contributory negligence rule—if an injured person is found even one percent at fault, recovery is barred entirely. This makes the preservation of evidence and a thorough understanding of insurance policy language critical from the very first day after a collision. Law Offices Of SRIS, P.C., founded in 1997, represents clients in Baltimore and throughout Maryland in underinsured motorist matters. Mr. Sris and the firm’s Of Counsel attorneys work to pursue full compensation through the available insurance coverage. To discuss your situation, call (888) 437-7747. Law Offices Of SRIS, P.C. – Advocacy Without Borders.
On This Page
ToggleWhat Underinsured Motorist Claim Means in Baltimore, MD
Maryland law requires every auto insurance policy issued in the state to include uninsured/underinsured motorist (UM/UIM) coverage with minimum limits, unless the policyholder rejects the coverage in writing. Underinsured motorist coverage steps in when the at-fault driver’s bodily injury liability limits are insufficient to cover the injured person’s medical expenses, lost wages, pain and suffering, and other damages. The claimant first recovers up to the at-fault driver’s policy limit from the liability carrier, then turns to their own UM/UIM carrier for the difference, up to the UM/UIM policy limit. Because the UM/UIM carrier effectively stands in the shoes of the underinsured driver, the same rules of liability and negligence apply, including Maryland’s strict contributory negligence standard.
In Baltimore City, an underinsured motorist claim that cannot be resolved through settlement negotiations is litigated as a civil personal-injury action. Claims valued at lower amounts fall within the exclusive jurisdiction of the District Court of Maryland. Claims in an intermediate range may be heard in either the District Court or the Baltimore City Circuit Court, while claims exceeding higher amounts must be filed in Circuit Court. The statute of limitations for a personal-injury claim in Maryland is three years from the date of the accident. Because a UM/UIM claim is contractual in nature, notice requirements and policy conditions may impose additional deadlines, and failure to comply can result in a loss of coverage. An attorney can review the policy and help ensure that all required notices are given in time.
Baltimore City’s dense urban traffic, high-traffic corridors such as I-695, I-895, and the Jones Falls Expressway, and frequent pedestrian and cyclist interactions make motor-vehicle collisions a regular occurrence. When an underinsured driver is involved, the injured person may face substantial out-of-pocket costs. The claim process may include a demand package to the at-fault carrier, a settlement or judgment up to the liability limit, and then a formal demand to the UM/UIM carrier. Mr. Sris and the firm’s Of Counsel attorneys are familiar with the documentation that insurers expect and the procedural requirements of the District Court of Maryland for Baltimore City and the Baltimore City Circuit Court.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Underinsured Motorist Claim Cases
A well-prepared underinsured motorist claim begins with a prompt investigation. The firm’s approach includes gathering police reports, medical records, wage-loss documentation, and witness statements while the evidence is fresh. Because Maryland is a contributory negligence state, the factual record must be developed carefully to address any argument that the injured party bore some share of fault. When necessary, the firm works with accident reconstruction attorneys and medical professionals to build the record.
Once the evidence is assembled, the firm communicates with both the at-fault driver’s insurer and the client’s UM/UIM carrier. The goal is to obtain the full liability limit from the at-fault carrier and then pursue the remaining damages through the UM/UIM policy. If the UM/UIM carrier raises coverage defenses, disputes the value of the claim, or declines to offer a reasonable settlement, the matter can be filed in the appropriate Baltimore court. Mr. Sris and the firm’s Of Counsel attorneys have experience presenting personal-injury claims to Maryland juries and handling the procedural aspects of litigation, including discovery, depositions, and motions practice. The firm handles underinsured motorist claims on a contingency basis, meaning fees are paid only if a recovery is obtained. Results may vary. To discuss how the firm may assist with your Baltimore underinsured motorist claim, call (888) 437-7747.
About Mr. Sris and the Firm’s Of Counsel Attorneys
Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. He has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Before founding the firm, he served as a prosecutor, an experience that informs his approach to building cases and presenting them in court. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He concentrates his practice on complex civil and criminal litigation, including personal-injury matters arising from motor-vehicle collisions.
The firm’s Of Counsel attorneys bring extensive combined legal experience to every underinsured motorist matter. Of Counsel to Law Offices Of SRIS, P.C., they contribute thorough knowledge of Maryland civil procedure, insurance law, and courtroom advocacy. Mr. Sris and the firm’s Of Counsel attorneys have handled personal-injury cases in Baltimore City and across Maryland since the firm’s founding. The firm’s documented case results across all practice areas since 1997 reflect a sustained effort to work toward favorable outcomes. Every case is different, and past results do not guarantee a future result. To learn more about our approach, reach the firm at (888) 437-7747.
Frequently Asked Questions
What is an underinsured motorist claim in Maryland?
An underinsured motorist claim allows an injured person to seek additional compensation from their own auto insurance policy when the at-fault driver’s insurance is insufficient to cover all damages. Maryland law requires insurers to offer UM/UIM coverage, and unless the policyholder rejects it in writing, coverage applies up to the selected limit. After recovering from the at-fault driver’s insurer, the injured person may pursue the remaining losses through the UM/UIM coverage. The claim is governed by the policy terms and Maryland civil procedure. Because the UM/UIM carrier may raise defenses similar to those available to the underinsured driver, the assistance of an experienced attorney can be valuable in building the claim and protecting the right to recovery.
How does Maryland’s contributory negligence rule affect my underinsured motorist claim?
If the injured person is found even one percent at fault for the accident, Maryland’s contributory negligence rule can bar all recovery, including any underinsured motorist claim. The at-fault driver’s insurer and the UM/UIM carrier will examine the facts to determine whether the injured party contributed to the collision. An attorney can investigate the accident scene, consult attorneys, and marshal evidence to counter allegations of fault. Because this rule is among the strictest in the nation, early evidence preservation is essential. For guidance on whether contributory negligence may affect your Baltimore underinsured motorist claim, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
What is the statute of limitations for an underinsured motorist claim in Baltimore?
A personal-injury claim in Maryland, including a claim based on an underinsured motorist policy, must generally be filed within three years from the date of the accident. Although a UM/UIM claim is contractual, Maryland courts treat the three-year limitations period as the applicable deadline for a suit against the UM/UIM carrier when the claim sounds in tort. Additionally, the insurance policy may require the insured to give prompt notice of the claim. Missing a policy deadline can result in denial of coverage even if the three-year statute has not expired. It is prudent to consult an attorney as soon as possible after a serious collision to avoid missed deadlines.
Do I need a lawyer for an underinsured motorist claim?
Maryland law does not require you to hire a lawyer to pursue an underinsured motorist claim, but the assistance of counsel can help you navigate coverage disputes, contributory negligence arguments, and court procedures in Baltimore. An attorney can identify all available insurance policies, comply with policy notice requirements, and present a demand package that accurately documents medical expenses, lost income, and non-economic damages. If the UM/UIM carrier does not offer a fair settlement, an attorney can file suit in the appropriate Baltimore court and handle discovery, depositions, and trial. To discuss whether legal representation is appropriate for your situation, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does it cost to hire an underinsured motorist claim lawyer?
Most personal-injury lawyers, including Mr. Sris and the firm’s Of Counsel attorneys, handle underinsured motorist claims on a contingency fee basis. Under a contingency arrangement, the attorney collects a fee only if a recovery is obtained, and the fee is a percentage of the amount recovered. Costs such as filing fees and expert witness expenses may be advanced by the firm and reimbursed from the recovery. The specific percentage and cost arrangement are discussed during the initial consultation. To schedule a consultation and learn more, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
Can I file an underinsured motorist claim if the at-fault driver is unidentified?
If the at-fault driver cannot be identified, the claim may fall under the uninsured motorist provision of your policy rather than the underinsured motorist coverage, depending on the policy language and Maryland law. Uninsured motorist coverage applies when there is no identifiable insurer to pay because the at-fault driver is unknown, has no insurance, or left the scene. Underinsured motorist coverage comes into play only when the at-fault driver has insurance but the limits are insufficient. In hit-and-run situations or when the identity of the other driver is unknown, an attorney can help evaluate which coverage applies and ensure that the required notice is given to the carrier. For a consultation, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437-7747.
Additional resources for Baltimore residents:
Montgomery County personal injury practice |
Prince George’s County injury lawyer |
Howard County personal injury attorney |
Anne Arundel County injury representation |
Frederick County personal injury lawyer
Official Maryland sources:
Maryland Code, Courts & Judicial Proceedings |
Maryland Code, Courts & Judicial Proceedings provisions |
District Court of Maryland for Baltimore City
Attorney advertising. Prior results do not guarantee a similar outcome. Results may vary.
Case results depend on a variety of factors unique to each case.