Rockville, MD asked in Personal Injury for Maryland

Q: Will I be punished or cited for not having insurance after a car accident, even if I wasn't at fault?

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2 Lawyer Answers
Vadim A. Mzhen
Vadim A. Mzhen
PREMIUM
Answered
  • Owings Mills, MD
  • Licensed in Maryland

A: Having car insurance is a legal requirement in Maryland. Any time you come into contact with police, whether as a result of a car accident or under any other circumstances (e.g., stopped for speeding), you risk being charged with a traffic violation of driving without insurance, which is a misdemeanor in Maryland. Also, the Motor Vehicle Administration may impose a civil fine. The longer you drive without insurance, the higher the amount of the MVA fine. In my 20-plus years of practicing personal injury law, however, I have seen lots of instances when a police officer, who responds to the scene of a car accident, does not charge with a violation a driver who happens to have no insurance. Nevertheless, I strongly recommend that you always have insurance on your vehicle. Not only is it a legal requirement, but it also protects you in case of an automobile accident.

Eric Todd Kirk
Eric Todd Kirk
Answered
  • Baltimore, MD
  • Licensed in Maryland

A: Not carrying appropriate security on a vehicle is of course an offense in Maryland. You may receive a citation for that offense irrespective of fault in the accident. The other issue that may come up is it the other driver might disagree with your assessment of fault. If there were personal injuries involved you may face a lawsuit as an uninsured motorist. In either scenario you should immediately consult with an experienced attorney. Best of luck.

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