A fatal hit-and-run can leave a Maryland family dealing with many painful questions, like what happened and who will be responsible for the financial losses that follow. When the driver leaves the scene, identifying the person responsible can become a major challenge. Fortunately, the situation does not always end with the driver disappearing.
Maryland law provides certain avenues for pursuing compensation after an accident involving an unidentified or uninsured driver. Under the Maryland Insurance Code, automobile insurance policies must include uninsured motorist coverage that applies when an insured dies in an accident involving an uninsured motor vehicle. The law specifically recognizes claims by surviving relatives who would otherwise have a right to recover from the responsible driver.
When the hit-and-run driver is not found
Identifying the responsible party can make a big difference in a wrongful death claim. But when police cannot identify the driver or the vehicle involved, Maryland law still provides a path toward compensation.
Under the Maryland Insurance Code, a person may potentially seek benefits through the Maryland Automobile Insurance Fund when efforts to locate the at-fault driver have not succeeded. The person making the claim must also have a legal basis for pursuing damages from the driver who caused the accident.
What compensation may be available?
A wrongful death claim may involve losses connected to the victim’s death, including certain economic and non-economic damages permitted under Maryland law. The amount available depends on the applicable insurance policy, the facts of the accident and the surviving relatives’ legal rights.
Families should also be aware that claims against the Maryland Automobile Insurance Fund have notice requirements. The notice must be filed within 180 days after the accident, subject to limited exceptions.
Because hit-and-run wrongful death claims can involve multiple legal and insurance issues, prompt legal guidance can help a family understand its available options and preserve important evidence.