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:
- 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.
- 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.
- 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.
- 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).
- 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.
- 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.