How to Appeal an Insurance Denial After a Minor Accident in Maryland

Short answer: If an insurer denies your injury claim after a minor accident in Maryland, you should (1) carefully read the denial, (2) gather and organize all evidence, (3) submit a clear written appeal to the insurer, (4) consider filing a complaint with the Maryland Insurance Administration, and (5) pursue a civil claim (including small-claims court for modest damages) before the applicable time limits run out. This article explains each step, the typical timeline, and when to consult an attorney.

Disclaimer

This is general information, not legal advice. I am not a lawyer. Laws and procedures change. For advice about your specific claim, consult a licensed Maryland attorney.

1. Understand the denial: read the insurer’s letter

Insurers must provide a written denial or explanation of benefits. That document usually states why the claim was denied (coverage issue, lack of medical proof, late notice, dispute over fault, etc.). Note any deadlines in the letter for appealing or for providing additional information. If the insurer did not send a written explanation, request one in writing and keep proof of delivery.

2. Identify the type of claim (first-party vs. third-party)

How you proceed depends on the kind of claim:

• First-party claim — you are claiming against your own policy (e.g., MedPay, PIP, uninsured/underinsured motorist coverage). The insurer owes duties under your policy to you.
• Third-party claim — you are claiming against the at-fault driver’s liability insurer for your bodily injury. The insurer represents the other driver, not you.

3. Gather and preserve evidence

Collect everything that supports your claim:

• Police report or crash report
• Photos of the vehicles, scene, and injuries
• All medical records, bills, and providers’ notes showing treatment and diagnosis
• Proof of lost wages (pay stubs, employer notes)
• Repair estimates and invoices
• All communications with the insurer (emails, letters, recorded phone-call notes) and the insurer’s denial letter

4. Submit a written appeal to the insurer

Even if an insurer denies a claim, you usually get a chance to appeal. Steps for a strong appeal:

1. Send a concise appeal letter that explains why the denial was wrong and attach missing proof (medical records, photos, bills).
2. Cite policy language if coverage is disputed (quote relevant policy sections).
3. Include a demand for specific relief (payment of medical bills, settlement amount, reconsideration) and a reasonable deadline to respond (typically 15–30 days).
4. Send by certified mail with return receipt or another trackable delivery method; keep copies of everything.

5. File a complaint with the Maryland Insurance Administration (MIA)

If the insurer won’t reconsider or you believe it acted unfairly, you can file a consumer complaint with the Maryland Insurance Administration (MIA). The MIA reviews consumer complaints, requests claim files from the insurer, and can sometimes resolve disputes or identify unfair claim handling. File online or by mail; see the MIA consumer page for details and forms:

https://insurance.maryland.gov/Consumer/Pages/FileComplaint.aspx

6. Consider litigation: small claims vs. full civil suit

If appeals and regulatory complaints do not produce a fair result, you can sue. Your choice depends on the value of your damages:

• Small Claims Court — Maryland small claims procedures can be faster and cheaper for limited monetary amounts (check the current small-claims limit before filing; the courts’ site provides forms and guidance). See Maryland courts’ self-help pages for small claims and filing procedures.
• Civil lawsuit for personal injury — for larger claims or when liability or injury is disputed, file a lawsuit in the appropriate circuit court. Personal injury suits let you pursue medical bills, lost wages, pain and suffering, and other damages.

Note the time limit for filing personal injury suits. Under Maryland practice, personal injury claims generally must be filed within three years of the accident. For more information on limits, see Maryland Courts’ guidance on limitations:

https://www.courts.state.md.us/legalhelp/selfhelp/limitations

7. Bad faith and unfair claim practices

If an insurer unreasonably denies a valid first-party claim or engages in unfair settlement practices, you may have additional remedies. The MIA enforces consumer protections and reviews complaints about improper claim handling. Filing a complaint with the MIA does not replace your right to sue, but it can produce valuable administrative pressure and documentation.

8. Typical timeline

• Immediate (days): preserve evidence, get medical care, and request the insurer’s denial in writing if not already provided.
• Short term (2–6 weeks): gather records, submit an appeal or additional proof, and wait for insurer reconsideration.
• Medium term (1–3 months): if denial stands, file a complaint with the MIA while preparing demand letters or small-claims filing.
• Long term (months to years): litigation can take many months to resolve; settlement often occurs before trial.

9. When to get an attorney

Consider speaking with a Maryland personal injury attorney if:

• Your injuries are more than minor, require ongoing care, or involve significant medical bills.
• Liability is disputed or complicated.
• The insurer denies coverage based on a policy exclusion or late notice and significant money is at stake.
• You suspect bad faith claim handling and want to evaluate extra-contractual remedies.

For low-value claims, a consultation can still help you understand your odds before paying filing fees for court. If you hire an attorney, discuss fee structures—many personal injury lawyers take cases on a contingency-fee basis, meaning they get paid only if you recover.

10. What to bring to an initial attorney consult

• Copy of the insurer’s denial letter and your policy declarations page
• Crash report and photos
• Medical records and bills
• Any correspondence with the insurer
• Notes about lost income and how the injury affected daily life

Helpful Hints

• Act quickly: preserve evidence and watch the statute of limitations (usually three years for personal injury claims in Maryland).
• Put everything in writing and keep copies. If you call the insurer, follow up with an email or letter summarizing the call.
• Don’t sign releases or broad authorizations without reading them or getting advice; some forms can limit your rights.
• If you file with the MIA, include a clear chronology and copies of the insurer’s denial and your medical evidence.
• Small claims can be effective for modest medical bills and short-term losses; it is often faster and less expensive than full litigation.
• Document non-economic harms (pain, lost leisure, interrupted caregiving) — these matter if you negotiate a settlement or sue for pain and suffering.

Key Maryland Resources

• Maryland Insurance Administration (consumer help and complaint filing): https://insurance.maryland.gov/Consumer/Pages/FileComplaint.aspx
• MIA home page with consumer guides: https://insurance.maryland.gov/Pages/default.aspx
• Maryland Courts — guidance on time limits and filing civil claims: https://www.courts.state.md.us/legalhelp/selfhelp/limitations

Facing a denied claim can be stressful, but methodical steps — document, appeal, use regulatory channels, and, when needed, file suit before deadlines — give you the best chance of a fair outcome. If you are unsure where to start, a short consult with a Maryland attorney can clarify options and likely results.