Question 1

Does Maryland allow UM/UIM stacking?

Accepted Answer

Not for ordinary UM. A person may not recover UM benefits from more than one motor vehicle policy or insurer on a duplicative basis, and, except as the enhanced underinsured statute provides, may not do so on a supplemental basis (Insurance Article 19-513(b)). Enhanced underinsured motorist coverage is the exception: its limit is not reduced by what the at-fault driver's coverage paid, so it works on top of that payment.

Question 2

What is enhanced underinsured motorist coverage?

Accepted Answer

A coverage that applies when the at-fault vehicle has liability coverage less than, equal to or more than your coverage, and whose limit is the full amount without any reduction for the liability payment (19-509.1(a) and (h)). On new private passenger policies an insurer must provide it unless the first named insured affirmatively waives it in writing on the Commissioner's form.

Question 3

How does standard UM pay?

Accepted Answer

The insurer's limit is your coverage less the amount paid to you by the liability coverage that exhausts the at-fault driver's policies (19-509(g)). With $100,000 of UM and $30,000 paid, the most is $70,000.

Question 4

What are the minimum limits?

Accepted Answer

$30,000 per person and $60,000 per accident for bodily injury and $15,000 for property damage (Transportation Article 17-103). UM must at least equal those amounts and, unless the first named insured waives it, equal your liability coverage (Insurance 19-509(e), 19-510).

Question 5

How long do I have to sue, and is there a cap?

Accepted Answer

A civil action at law must be filed within 3 years from the date it accrues unless another provision says otherwise (Courts Article 5-101). Noneconomic damages in a personal injury claim are capped, starting at $500,000 for causes of action arising on or after October 1, 1994 and rising $15,000 each October 1 (11-108).

Maryland UM/UIM Stacking Calculator

Estimate your UM benefits

Maryland bars stacking ordinary UM, and enhanced underinsured coverage is the exception

Maryland UM/UIM Stacking Calculator

Estimate your UM benefits

Maryland bars stacking ordinary UM, and enhanced underinsured coverage is the exception

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