How to Ensure the At-Fault Party’s Insurer Accepts Liability for Medical Expenses in Maryland

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This is not legal advice and is for informational purposes only.

Detailed Answer

In Maryland, you can take clear steps to push the at-fault party’s insurer to accept liability for your medical expenses. Follow this process to protect your claim:

  1. Seek Immediate Medical Treatment. Your health and safety come first. Obtain detailed records for each visit, test, and procedure. These medical documents form the foundation of your claim.
  2. Notify the Insurer Promptly. Under Maryland Code, Insurance Article §27-304, an insurer must accept or deny liability within 30 days of receiving “proof of claim.” Send a written notice of claim and proof of your medical treatments via certified mail. Md. Code Ins. §27-304.
  3. Gather and Submit Evidence. Include medical records, doctor’s reports, itemized bills, and a sworn Proof of Loss form if requested. Under the Prompt Payment statute, the insurer owes interest for late payments.
  4. Send a Demand Letter. If the insurer delays or denies compensation, issue a demand letter. Detail your total medical expenses, attach supporting documents, and set a firm response deadline (commonly 30 days).
  5. Use Pre-Suit Notice When Required. For certain negligence claims, Maryland law requires 30 days’ written notice before filing suit. Follow Md. Cts. & Jud. Proc. §5-109 to preserve your right to sue.
  6. File Suit Within the Statute of Limitations. Maryland generally limits personal injury actions to three years from the date of injury. File your lawsuit before the deadline under Md. Cts. & Jud. Proc. §5-101 to avoid losing your claim.

Adhering to these steps ensures you meet statutory requirements and strengthens your position. Well-documented, timely submissions prompt the insurer to accept liability rather than dispute your medical bills.

Helpful Hints

  • Keep a detailed log of all communications, dates, and phone calls with medical providers and the insurer.
  • Send all notices and demand letters by certified mail with return receipt to prove delivery.
  • Request a copy of the insurer’s claim file under Md. Code Ins. §4-303 to review their investigation notes.
  • Consider using your own MedPay coverage (if available) to cover urgent medical bills while liability is pending.
  • If negotiations stall, consider mediation or consult a personal injury attorney for guidance on litigation options.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.