Rear-End Crash in the Baltimore Region: How an Underinsured Motorist Claim Was Resolved

What happened?

Our client was rear-ended while braking to a near stop for a hazard ahead. The SUV behind him didn’t stop in time.

It was a low-speed crash. His car was still drivable, and nothing was towed. No police came, and no ambulance. Our client took photos before he left.

Those photos mattered. The other driver’s insurer first held liability “pending,” because its driver claimed our client changed lanes and stopped suddenly. In Maryland, that kind of claim is serious. Under contributory negligence, a driver found even slightly at fault can be barred from recovering anything.

With no police report, we built the liability picture from his photos, map images of the scene, and the repair estimate. The insurer accepted liability in about a month.

What injuries did our client suffer?

He had sprain and strain injuries to his neck, mid-back, and low back, involving the facet joints (the small joints that link the bones of the spine). His doctors later also diagnosed lumbar radiculopathy, which is nerve pain that travels from the low back, and cervical facet syndrome in his neck.

MRIs showed no fractures. They did show wear-and-tear changes at several levels, the kind that are common with age.

He’d also been in a rear-end crash decades earlier that hurt his back. He told us he recovered fully, and we found no neck or back treatment right before this crash. Having a prior injury doesn’t bar a claim in Maryland. The question is whether the crash made it worse.

His pain came back about a month after his last injection, and he manages daily pain with over-the-counter medicine. His file had no final impairment rating or documented permanent restrictions.

What treatment did our client need?

He first went to an injury clinic about two weeks after the crash. His care took about eight months:

Chiropractic care and physical therapy, about 25 visits over two months

Aquatic and land-based therapy, about 12 visits over one month

Pain management, with a lumbar epidural injection and cervical facet injections

He had no surgery and no gap in physician care longer than 30 days. One weak spot: he didn’t keep up his home exercises, and the defense raised that.

His personal injury protection (PIP) coverage paid until it ran out. PIP pays certain medical bills and lost wages no matter who caused the crash. After that, his provider agreed to hold the balance until the case resolved.

The practical lesson: steady treatment with no long gaps makes it harder for an insurer to say you weren’t really hurt.

• MRIs of his neck and low back
• Discharge, after about 19 doctor follow-ups along the way

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

He was retired, so there were no lost wages. The losses showed up in his everyday life instead, and he still has daily pain with activity.

Sitting or standing for long stretches became hard. Turning his head to check traffic while he was driving hurt. He had to change how he handled yard work and upkeep around the house. He cut way back on the outdoor activities he enjoyed, and he and his spouse put travel plans on hold.

There was money out of pocket, too. He paid his car-repair deductible himself, and getting it back was one of the first things he asked us about.

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. When there’s no paycheck to point to, how the injury changed someone’s days becomes the center of the claim.

What made this case difficult?

Almost every part of this case gave the insurers something to push on.

No police report, and an early claim that he changed lanes and stopped short.

Low vehicle damage. The defense argued a minor impact couldn’t cause real injury.

Delayed symptoms. His pain started two days later, and he didn’t get care for about two weeks.

His history. The old back injury, plus age-related changes on his MRIs, gave the insurer a reason to say his problems weren’t new.

Low offers. His own insurer’s pre-suit UIM offers were a small fraction of his medical bills and barely moved.

Defense doctors. The defense hired a doctor to review his records and scheduled a defense medical exam.

No care after discharge. His pain returned, but he didn’t go back for treatment.

None of these problems sinks a claim by itself. Stacked together, they gave both insurers room to keep their offers low.

How did we handle it?

Pushed for a liability decision. With his photos and the scene evidence, the at-fault insurer accepted fault in about a month.

Made a time-limited demand once treatment ended. The insurer offered its full limits within days.

Protected the UIM claim. Before he accepted, we gave his own insurer formal notice of the offer and got its consent and a subrogation waiver (it gave up the right to go after the at-fault driver). In Maryland, skipping this step can put your UIM claim at risk.

Cleared Medicare. We confirmed Medicare had no recovery claim. When Medicare pays for crash-related care, it generally has a right to be paid back from a settlement.

Sued his own insurer. When the UIM offers stayed low, we filed suit against our client’s insurer in Circuit Court and designated his treating doctor as a medical witness.

Prepared him for his deposition and the defense medical exam, with a call at each step so he always knew where things stood.

Putting the old injury on the table was deliberate. Handing over the records let his doctor speak to it directly.

The turning point was the deposition. Once the insurer heard him testify, its offer more than doubled. We told him a jury might award more, but the low vehicle damage was a real risk at trial. He chose certainty.

What was the result?

The case was resolved for nearly $50,000 from both insurers combined: the at-fault driver’s full policy limits plus a UIM settlement after suit. He avoided the stress and uncertainty of a trial.

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

Check your own policy for UIM coverage now. How much it can add depends on the type of UIM coverage you carry.

Don’t accept the other driver’s policy limits without your insurer’s consent. Accepting too early can hurt your UIM claim.

Low car damage doesn’t mean a low-value injury. Photos and steady medical care are your answer.

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

Should I settle or go to trial?

That’s your decision, and your lawyer should lay out the real risks first. Here, we told our client a jury might award more, but the low vehicle damage was a real risk at trial. He chose a certain result over a gamble.