Every Maryland automobile insurance policy is required by law to include uninsured or underinsured motorist coverage. This coverage (often referred to UM/UIM coverage) applies when the person who causes the accident has no insurance or less insurance than the person whose vehicle was struck. If an uninsured vehicle hits your vehicle, you still have some insurance protection. You can use your UM/UIM coverage to cover the costs of repairing your vehicle and paying medical bills.
Similarly, if you are a passenger in a friend’s vehicle that is hit by an uninsured vehicle, your friend’s uninsured motorist is available to pay for your injuries. UM/UIM even covers a person for injuries they incur while riding in someone else’s vehicle. So, for example, if you are riding in your friend’s uninsured
car, you may be able to utilize the UM/UIM coverage on your own vehicle even though it was not involved in the accident.
The coverage does, however, have limits as the Maryland Court of Appeals explained in GEICO v. Comer. The case dealt with a motorcyclist, Comer, who incurred $200,000 in medical bills after being hit by a vehicle with insurance coverage totaling $100,000. Arguing the same principles as above, Comer filed a claim for UM/UIM coverage on the insurance policy covering a vehicle owned by his father. The Court denied the coverage because to allow such coverage would encourage a person who owns several vehicles to buy insurance on only one of them and leave the others uninsured.
What does this mean for you? You can make a claim under your car’s UM/UIM policy if an uninsured vehicle hits your car or if an uninsured vehicle hits your friend’s car when you are a passenger. You CANNOT make a claim under your car's UM/UIM policy if an uninsured vehicle hits your van that is insured under a different policy.