Understand your rights and next steps under Maryland law
Disclaimer: I am not a lawyer. This article provides general information, not legal advice. Consult a Maryland attorney about your specific situation before making legal decisions.
Detailed answer
If an insurance company’s highest offer does not cover your medical treatment and lost wages, you have several practical and legal options under Maryland law. Below is a step-by-step approach you can use to protect your health, income, and legal rights.
1. Confirm what the offer actually covers
Ask the insurer for a written breakdown of the offer. Get a clear statement of how the company calculated payments, which medical bills it paid (or declined), any offsets or deductibles, and if they considered lost wages and how they valued them.
2. Provide missing proof and send a formal demand
Insurers often lowball because they lack complete documentation. Send a written demand package that includes:
- Itemized medical bills and records linking treatment to the injury.
- Proof of lost wages (pay stubs, employer letter, tax returns, payroll records).
- An explanation of future treatment needs and projected lost earnings if applicable.
Use certified mail or another trackable method and keep copies of everything.
3. Negotiate — do not accept a final offer immediately
Respond with a counteroffer supported by your documentation. Be firm but factual. If you have ongoing treatment, explain that a lump-sum offer that ignores future care is insufficient. Ask the insurer to re-evaluate with all medical records and wage evidence considered.
4. Consider independent medical opinions and dispute IMEs
If the insurer relies on an independent medical examination (IME) that you dispute, you can:
- Request clarification of the IME report and the qualifications of the examiner.
- Obtain your own independent medical evaluation and submit it to the insurer.
Different medical opinions can be persuasive during negotiation or litigation.
5. Use medical liens and coordinate with providers
If you cannot pay medical bills while resolving the claim, ask providers whether they will accept treatment on a lien or defer payment pending settlement. Many providers understand the claims process and will work with you when insurers are slow.
6. File a complaint with the Maryland Insurance Administration (MIA)
If the insurer refuses to investigate, delays unreasonably, or acts unfairly, you may file a complaint with the Maryland Insurance Administration. The MIA can help review claims-handling and may direct the insurer to respond. You can find consumer information and complaint instructions at the MIA website: https://insurance.maryland.gov/.
7. Evaluate whether you have a bad-faith or unfair-claims claim
Maryland law prohibits unfair claims settlement practices. If an insurer denies or underpays a valid claim without a reasonable basis—or fails to investigate—an insured or claimant might have a claim under Maryland’s insurance laws or common law for bad faith. These cases are fact-specific and often require an attorney to evaluate. To learn how to file complaints and understand consumer protections, start with the Maryland Insurance Administration resources: https://insurance.maryland.gov/.
8. Hire a Maryland attorney (contingency fee common in injury cases)
An attorney who handles Maryland personal injury or insurance claims can:
- Assess whether the insurer’s offer is reasonable.
- Negotiate aggressively, leveraging demand packages, medical experts, and settlement strategy.
- Advise whether to accept structured settlements or lump sums.
- File suit and pursue damages if negotiation fails.
Many injury attorneys take cases on a contingency basis (they are paid a percentage of recovery), which can remove up-front cost barriers. You can start your search with the Maryland State Bar Association at: https://www.msba.org/.
9. File a lawsuit before the deadline expires
If settlement fails, you may sue the at-fault party (not typically the insurer directly unless you have a contract or bad-faith claim). Maryland generally limits the time to file personal injury lawsuits. In most personal injury cases, the statute of limitations is three years from the date of injury. See Maryland Code, Courts and Judicial Proceedings (statute of limitations): https://mgaleg.maryland.gov/. Do not miss this deadline—if you do, you likely lose the right to sue.
10. Consider alternative dispute resolution
Mediation or arbitration can be faster and less costly than trial. A neutral mediator helps both sides negotiate. Some insurance policies or injury releases include arbitration clauses or allow you to demand ADR.
Practical checklist — immediate steps to take now
- Obtain the insurer’s offer in writing and a detailed explanation of benefits.
- Gather and send complete medical records, itemized bills, and wage documentation.
- Request the insurer’s complete claim file and any IME reports.
- File an administrative complaint with the Maryland Insurance Administration if you suspect unfair handling: https://insurance.maryland.gov/.
- Contact a Maryland attorney to evaluate settlement value and next steps.
Helpful hints
- Document everything: dates, phone calls, names, and what was said. Insurers often base decisions on record entries.
- Keep original medical bills and copies of all records you send. Certified mail provides proof of delivery.
- Track lost-time from work carefully. A letter from your employer on company letterhead that confirms your hours and wages helps prove wage loss.
- If treatment is ongoing, warn the insurer that a premature final release will not cover future care.
- Don’t sign broad releases until you are certain the settlement fully compensates you for medical care, future treatment, and lost earnings.
- Be aware of deadlines—both for administrative complaints and for filing suit in court.
- Ask whether your medical providers will accept a repayment plan or lien to avoid collections while your claim is pending.
If you want, provide more facts about your claim (type of accident, policy limits shown, how long you’ve been in treatment) and I can outline likely next moves and the types of evidence that matter most in Maryland.