Personal Injury Lawyer Silver Spring, MD

Can Insurance Deny a Maryland Personal Injury Claim Over A Gap In Medical Care?

A man sitting on a couch with his arm in a blue medical sling, holding and reviewing a document from the insurance company.

Yes. An insurance company can deny a Maryland personal injury claim, or more often deny parts of it, by pointing to a gap in medical treatment and arguing the delayed care was not caused by the crash or incident. A treatment gap is not an automatic legal bar, but it is one of the insurer’s favorite arguments because it is simple to say and hard to rebut if the file is thin.

That's also where speaking with a Maryland personal injury lawyer can matter, because how the gap is documented and explained often determines how much leverage the insurer actually has.

In Maryland, these claims typically turn on proof of causation and damages. The insurer looks for any opening to argue that the injury resolved, that something else later caused the symptoms, or that later treatment was unnecessary or unrelated. A gap creates that opening.

Why A Gap in Medical Treatment Becomes A Target

Insurance adjusters build cases around weak links. A break in treatment lets them frame the injury as minor or temporary and suggest the person only returned to care because the claim became contentious. Expect some version of these points:

  • The person must have been fine if they did not treat for weeks or months.
  • The pain must have a different cause, such as a prior condition, a new injury, or “degeneration.”
  • Only early treatment should be paid, and anything after the gap should be rejected.
  • The overall claim is exaggerated.

If the claim heads toward litigation, the gap matters for another reason: It can affect how persuasive the medical timeline looks to a jury. Maryland law has a rule that can help get certain medical bills and records into evidence in some cases, but the defense can still argue the gap should reduce the weight the jury gives to later treatment.

A Gap in Treatment Is Not Automatically The End In Maryland

A gap in medical treatment is not a magic claim denial button. People pause treatment for ordinary reasons, and those reasons are common in Maryland claims: long waits for specialists, trouble scheduling imaging, confusion over how bills should be submitted, work demands, childcare demands, or cost. Some injuries also evolve in a way that looks “gappy” on paper, especially neck and back injuries and certain concussion symptoms that get worse after a return to normal activity.

The real problem isn't the gap itself. It's the combination of a gap and a record that never explains why care stopped, whether symptoms continued, and what changed when treatment resumed. When the story isn't documented properly, the insurer fills in the blanks.

Maryland-Specific Laws That Raise The Stakes

Two specific Maryland laws make insurers more aggressive about exploiting inconsistencies in medical treatment.

First, Maryland follows a contributory negligence system. If the insurer can pin any fault on the injured person, it may try to use that to block recovery entirely. That's a separate legal issue from a treatment gap, but it helps explain why insurers hunt for credibility angles and leverage points throughout the file.

Second, the lawsuit deadline (statute of limitations) does not pause because the treatment paused. In general, most civil actions in Maryland must be filed within three years of accrual unless a different statute applies. A gap does not stop that clock. It also doesn't create extra time to “wait and see” while the insurer builds a defense narrative.

How Gaps in Medical Treatment Are Explained In Personal Injury Claims

When an injury claim remains strong despite a gap, it's usually because the gap has a believable, documented explanation, and the delayed treatment still fits the original injury pattern. The most common, workable explanations include:

  • Appointment availability issues, specialist delays, or a backlog for imaging or physical therapy.
  • Financial pressure, billing confusion, or uncertainty over whether auto coverage or health insurance should pay first.
  • Symptoms that improved and then returned with work activity, commuting, or daily lifting.
  • A setback or flare after trying to go back to normal routines.
  • Poor guidance early on, followed by a clearer diagnosis later.

None of these points work if they're only argued in a demand letter. The explanation must appear in the medical record and supporting documentation.

How A Maryland Personal Injury Claim Can Be Protected After A Gap in Treatment

The fix isn't complicated, but it has to be done deliberately: the claim needs a clean timeline and documentation that closes the causation loophole the insurer is trying to open.

The reason for the gap should be documented in the medical chart. When treatment resumes, the provider should be informed of the reason for the break. A short note like “unable to get appointment,” “could not afford therapy,” or “symptoms became worse after returning to work” can make the gap far less useful to the defense.

Symptoms should be described consistently and specifically. A record that clearly states which symptoms persisted during the gap, which improved, and which returned is harder to attack. Vague language gives insurers room to claim the story is changing.

The insurer shouldn't be allowed to script the narrative. Adjusters often request recorded statements or casual “status updates” and steer people into phrases like “doing better” or “not too bad.” Those phrases routinely reappear later as exhibit material when treatment restarts.

A basic paper trail helps. Appointment records, scheduling delays, pharmacy receipts, work restrictions, and a simple symptom calendar can show the injury did not disappear during the gap. It also helps explain why care was interrupted.

PIP In Maryland Auto Claims Can Reduce Gaps

In car crash claims, Personal Injury Protection (PIP) can matter because it may help pay medical bills early, regardless of fault, reducing the financial pressure that can lead to treatment interruptions. Maryland’s required PIP notice describes the minimum coverage and states that it may be used for reasonable and necessary medical expenses incurred within three years of the injury.

Not every policy has the same PIP situation, because PIP can be waived in certain circumstances. But when PIP is available, it can keep care moving and reduce the chance that an insurer later points to a break in treatment as “proof” the injury was not serious.

What Happens When An Insurer Denies Your Claim Because Of A Gap?

When an insurer denies a claim on the grounds of a gap in medical care, the strongest response is to demand specificity. Claim denials often rely on broad insinuations. A concrete challenge reframes the issue:

  • What date is the insurer claiming treatment stopped being related?
  • What alternative cause is the insurer claiming explains the later symptoms?
  • What records is the insurer relying on to support that conclusion?

A gap-based denial becomes harder to sustain when the medical record ties later symptoms and treatment to the original incident, with a coherent explanation for the interruption.

If the insurer’s conduct appears to be improper handling, unreasonable delay, or a refusal to address documentation, Maryland also has a consumer complaint process through the Maryland Insurance Administration. That process isn't a substitute for building the injury case itself, but it can be a pressure point when the insurer isn't handling the claim appropriately.

Contact Our Maryland Personal Injury Lawyers For Help

A gap in medical treatment can give insurers an opening in Maryland, but it need not define the outcome. When an insurance company points to a break in care, the case often turns on how well the timeline is documented, how clearly the medical record connects symptoms to the incident, and how effectively the claim is presented so it can't be dismissed as “unrelated.”

That's where having the right legal team matters. Goldberg Finnegan has secured over $150 million in settlements and verdicts for injured clients, and our firm’s approach is built for cases that insurers try to downplay.

A free consultation is available to review the treatment history, identify the pressure points insurers use, and map out what it will take to pursue the compensation an injury claim should actually cover, including medical costs, lost income, and pain and suffering. A member of our team is available to hear from you anytime. Contact us today to get started and find out if you have a case.

"My experience with this law firm was very easy-going, and I had confidence the moment they showed up to court. They were more than ready to defend me and get me the results I needed. Please don’t hesitate to check them out!"- Eric, ⭐⭐⭐⭐⭐

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