T-Bone Crash in Northeastern Maryland: How a Quick Settlement Was Undone and a Claim Recovered

What happened?

On her way to work on a busy multi-lane road, our client was hit by a driver who pulled out of a parking lot and tried to cut across every lane to reach a lot on the other side.

Her front and side airbags went off, and her car was a total loss. Police came, and an ambulance took her to the ER.

Liability was clear. The other driver admitted fault at the scene to her, to a bystander from a nearby business, and to the police. His insurer never disputed fault.

Then, before she talked to a lawyer, the insurer offered her a small payment, and she accepted it. A signed settlement usually ends the claim for good. She hired us about nine days after the crash, just two days after taking that check.

What injuries did our client suffer?

She hurt her neck, her left wrist and thumb, and her left shoulder. After ER X-rays, MRIs of her neck, hand, and shoulder followed. The shoulder MRI showed a rotator cuff tear, which is a tear in the group of muscles and tendons that hold the shoulder joint in place. It needed surgery.

Her shoulder problem became clear months after the crash. That happens. But an insurer can argue a later diagnosis wasn’t caused by the crash, so the records have to connect the dots.

She also had an old lower-back surgery from years earlier. Having a prior injury doesn’t bar a claim in Maryland. The question is whether the crash caused or worsened the injuries you’re claiming. Here, we built the claim on her neck, wrist, hand, and shoulder, and left out later back and hip problems that couldn’t be tied to the crash.

Her file had no formal impairment rating or permanent work restrictions.

What treatment did our client need?

Her care lasted about 16 months, with roughly a dozen providers:

Outpatient rotator cuff surgery about 11 months after the crash

There were no gaps in her treatment for an insurer to point to.

Her personal injury protection (PIP) benefit was small, and it ran out within about two months. PIP pays certain medical bills and lost wages no matter who caused the crash. After that, her health insurance paid, though one bill went to collections. We filed her PIP claim, lined up her bills, and organized her records for her new surgeon.

The practical takeaway: Keep every appointment and follow each referral. A steady treatment record is what links a later diagnosis back to the crash.

• Ambulance to the ER the same day
• Orthopedic care
• About five months of physical therapy
• Pain management with injections
• MRIs, then an orthopedic shoulder surgeon
• About five more months of physical therapy after surgery

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

She works in healthcare, in a physical, hands-on job. Her injuries hit right where her work demands the most.

She missed a couple of days right after the crash, then about six weeks after shoulder surgery. She couldn’t return until cleared for full duty. We gathered her pay records to document the lost time.

Her daily life revolved around therapy and injections for more than a year. Money was tight while she waited. Her car was totaled just months before she would have paid it off. She had co-pays and deductibles, and a bill went to collections during treatment. She also worried her health insurance would stop paying because of the claim. We walked her through every letter so she knew exactly what it meant.

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?

The hardest problem came before we were involved: she had already settled. Everything else built on top of that.

A signed early settlement. She had accepted a small payment from the at-fault insurer. Normally, that closes the claim and nothing more can be recovered.

Minimum insurance. The at-fault driver’s policy covered only a fraction of her medical bills.

PIP ran out fast, leaving bills unpaid during treatment.

A delayed shoulder diagnosis. The rotator cuff tear wasn’t found until months later, giving an insurer room to question the cause.

An old back surgery, plus later back and hip problems, that could have muddied the medical picture.

Slow insurer responses. The UIM claim moved through several adjuster changes, and each new adjuster had to catch up on the file.

A totaled car and growing bills, which put financial pressure on her to settle early a second time.

The early settlement was the real threat.

How did we handle it?

Undid the quick settlement. Within days, we negotiated with the at-fault insurer to cancel it if she returned the payment by its deadline. We coordinated the repayment and confirmed in writing that the settlement was rescinded.

Took over insurer contact, so adjusters talked to us, not to her.

Kept her medical bills moving. We filed the PIP claim and coordinated PIP and health insurance.

Chased every record from each provider over about 18 months.

Focused the claim on crash-related care that could be proven.

Confirmed both policies. We verified the at-fault driver’s limits and her own UIM coverage.

Demanded the limits after surgery and therapy. The at-fault insurer offered its full limits within a week.

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 the notice, waited out the insurer’s response window, and got its consent.

Pushed the UIM claim through. We sent a full demand with all her records and kept it moving through adjuster changes.

The turning point was the first week. Getting the early settlement canceled kept her claim alive. Everything after that was about collecting all the coverage available to her.

What was the result?

The case settled before any lawsuit, about 23 months after she hired us. She recovered all available coverage: the at-fault driver’s full policy limits plus a UIM settlement with her own insurer. Her first payment, the one she took on her own, turned out to be a small fraction of the final recovery.

Beyond the number, her early settlement was voided and her health plan was repaid from the settlement, so she didn’t owe it anything afterward.

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

Don’t accept a quick check from the other driver’s insurer before you talk to a lawyer. Signing can end your claim.

If you already did, act fast. There may be a short window to undo it, though it may not work and the money usually has to be returned.

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

Will my health insurance stop paying because of my car accident case?

Generally, no. Your health insurance usually keeps paying for covered care. If it paid for crash-related treatment, though, it generally has the right to be repaid from your settlement. That’s called subrogation, and your lawyer will work with you on it. Always tell your lawyer you used health insurance.