Rear-End Crash in the Baltimore Region: How a “Minor Impact” Denial Was Overcome

What happened?

Our client was stopped at a red light when the driver behind her rear-ended her car. The other driver apologized at the scene and said she’d been distracted.

It was a low-speed crash. The car was drivable, nothing was towed, and no ambulance came. Police helped the drivers exchange information, but no crash report was written. The damage was a bumper repair.

She hired us within about a week, after her physical therapist suggested she get help with the claim. We notified every insurer within days. The other driver’s insurer accepted that its driver caused the crash, and we helped our client get her car repaired.

Then, about a month in, the same insurer denied her injury claim. Its reason: the damage was too minor for anyone to be hurt.

What injuries did our client suffer?

She had a sprain in her lower back and hip, with pain in her mid and low back, hip, and knee. She also had numbness and tingling running down one leg. X-rays of her hips and lower spine showed no fractures or other acute damage.

She already had a chronic spine condition. Before the crash, she’d had back, hip, and knee pain and was already under a spine doctor’s regular care.

That history didn’t end her claim. Having a prior injury doesn’t bar a claim in Maryland. The question is whether the crash made it worse. Here, she and her spine doctor documented that her pain increased after the crash, and her therapy targeted the new flare-up. We built the claim on that aggravation, not on her whole spine history.

Her file had no impairment rating, and no future care was claimed. Her injuries improved with steady treatment over about five months.

What treatment did our client need?

She didn’t go to the ER. Within a few days, she saw the spine doctor who already knew her history. That made it easier to show what had changed.

Her care took about five months:

She had no surgery and no gaps in her care.

Her personal injury protection (PIP) coverage paid first. PIP pays certain medical bills and lost wages no matter who caused the crash. Hers ran out within about two and a half months. After that, her physical therapist kept treating her based on our assurance that the bills would be paid from the settlement, so she didn’t have to stop therapy.

The practical takeaway: If you already had a condition before the crash, see the doctor who treated it. That doctor can describe what changed.

• Visits with her spine doctor, including X-rays
• A physical therapy order
• Physical therapy about twice a week, roughly 40 visits
• Follow-up doctor visits until her treatment ended

How did the injuries affect our client’s life and work?

She worked in an office. After the crash, she was out of work for about five months while she treated, more than 100 working days. Her employer’s human resources office confirmed the time she missed.

At home, sitting, standing, walking, and climbing stairs all hurt. She had trouble sleeping, and her daily activities were limited while she recovered.

Those lost wages mattered. The insurer had focused on the bumper. Her missed paychecks, added to her medical bills, showed what the crash had actually cost her.

Months after her treatment ended, she died from a cause unrelated to the crash. Her claim was for her own injuries and lost wages, and it didn’t end with her death. Her husband, as personal representative of her estate, decided to see it through.

In Maryland, an injured person can generally seek medical expenses, lost earnings, and non-economic damages such as pain, suffering, and loss of enjoyment of life.

What made this case difficult?

Several problems hit this claim at once.

A “minor impact” denial. The insurer accepted fault for the crash but refused to pay anything for her injuries because the car damage was light.

A pre-existing spine condition. She already had pain in the same areas before the crash, which gave an insurer an easy argument.

No police crash report. The evidence was the repair estimate, photos, and the other driver’s apology.

Low insurance limits. The at-fault driver carried limits in the minimum range, below what her losses added up to.

The client’s death. She died before the claim was resolved, so it had to continue through her estate, and the estate had to be opened first.

A very low first UIM offer. Her own insurer’s first offer was a small fraction of what it finally paid.

None of these problems meant she wasn’t hurt. They meant the proof had to be organized and the timing handled carefully.

How did we handle it?

Moved fast at the start. We notified every insurer within days and got fault accepted on the crash.

Gathered proof of her losses. We collected her lost-wage records from her employer and her records and bills from both providers.

Prepared to file suit if the insurer held to its denial.

Supported her family. After her death, we guided her husband through opening a small estate so the claim could continue, and we waited to send the demand until the estate could receive the settlement.

Sent a policy-limits demand. It showed that her medical bills and lost wages together were well above the at-fault driver’s limit. About a week later, the insurer reversed its denial and offered its full limit.

Protected the UIM claim. In Maryland, you generally have to give your own insurer written notice of the offer before you accept it, or you can put your UIM claim at risk. We sent that notice and got her insurer’s consent before accepting.

Negotiated the UIM claim up from a very low first offer to a settlement several times higher.

The turning point was the lost-wage proof. Once her missed paychecks were added to her medical bills, the total was above the policy limit, and the insurer that had offered nothing paid everything it could. That opened the door to her own UIM coverage.

What was the result?

The claim settled before any lawsuit, about 21 months after she hired us. Her estate received the at-fault driver’s full policy limit plus a UIM settlement from her own insurer.

Beyond the number, the Medicare reporting case the insurer opened was closed with nothing owed, and her husband signed the final paperwork in person with our team.

Every case is different. Our past results are no assurance that we will reach a favorable result in any future case.

What this means if you’re in a similar situation

A “minor impact” denial isn’t final. Medical records and lost-wage proof can change an insurer’s mind.

Check your own auto policy for UIM coverage. It can pay more when the at-fault driver’s limit runs out.

If your loved one dies before their injury claim is resolved, the claim may continue through their estate. Talk to the lawyer handling it before you close the estate.

Watch the clock. Maryland generally gives you three years from the crash to file a personal injury lawsuit.

The other driver’s insurance isn’t enough. Can my own policy pay the rest?

It may. If you carry underinsured motorist (UIM) coverage, your own policy may pay more after the at-fault driver’s insurer pays its limit. The key is notifying your own insurer before you accept that limit. Here, her own insurer’s first offer was very low, and we negotiated it up several times over.