# Maryland car accident law: deadlines, fault and your claim

> Maryland car accident claims: the 3-year deadline to sue, the strict contributory negligence rule, PIP you can waive, insurance minimums and crash reports.

Canonical page: https://accidentclaimfacts.com/location/maryland/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Maryland you generally have 3 years from the crash to file a lawsuit for injuries or vehicle damage, and 3 years from the date of death for a wrongful death claim. Maryland still follows contributory negligence, one of only 5 US jurisdictions to do so: if you were even slightly at fault, you can lose your claim against the other driver entirely. Claims against a county or city need a written notice within 1 year of the injury.

## Key facts

| Fact | Detail |
|---|---|
| Injury lawsuit deadline | 3 years |
| Vehicle damage deadline | 3 years |
| Wrongful death deadline | 3 years, from the date of death |
| Fault rule | Contributory negligence: any fault of yours can bar recovery |
| Notice to a county or city | Within 1 year of the injury |
| Minimum liability insurance | $30,000 per person, $60,000 per crash, $15,000 property |
| Insurance system | At-fault, with PIP of at least $2,500 unless waived |
| Traffic deaths in Maryland, 2024 | 578 people |
| Lawyer referral | County bar services, e.g. Baltimore City (410) 539-3112 |

## Filing deadlines in Maryland

Maryland's Courts and Judicial Proceedings Article sets a statute of limitations of 3 years for most car-crash lawsuits. The clock usually starts on the day of the crash.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Damage to your vehicle or other property | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Wrongful death | 3 years from the date of death | Md. Code, Cts. & Jud. Proc. § 3-904(g)(1) |
| Claim against a county or city | Written notice within 1 year | Md. Code, Cts. & Jud. Proc. § 5-304 |
| Claim against the State of Maryland | Written claim to the State Treasurer within 1 year; lawsuit within 3 years | Md. Code, State Gov't § 12-106 |

For an injured child, the clock does not run while the child is a minor; the child then has three years after turning 18 to file. This pause is a form of tolling.

Claims against local governments follow the Local Government Tort Claims Act. It requires written notice of the time, place and cause of the injury, given in person or by certified mail to the county or city within 1 year of the injury; the law names the official who receives it in each county and in Baltimore City. A claim against a state agency goes to the State Treasurer first, and the lawsuit can be filed only after the Treasurer finally denies it.

> **Warning:** Insurance talks do not pause any of these deadlines. If a claim is still open as the three-year mark approaches, a lawsuit may need to be filed to protect it.

## How fault is shared in Maryland

Most states split the blame and cut your damages by your share of fault. Maryland does not. Under contributory negligence, if the other side proves that your own carelessness helped cause the crash, you recover nothing from that driver. In 2013 the state's highest court was asked to drop the rule and declined (Coleman v. Soccer Ass'n of Columbia (Md. 2013) (common law)).

> **Example:** Another driver runs a red light and hits you. The evidence shows you were going a few miles over the limit, and a jury decides that contributed to the crash. In a comparative-fault state your damages would only be reduced. In Maryland, you could recover nothing from the other driver.

The rule has some limits. Maryland's highest court has said the contributory negligence standard was partly modified by the last clear chance doctrine: if the other driver had the last clear chance to avoid the crash and did not take it, your own carelessness may not bar you. And by statute, not wearing a seat belt may not be considered evidence of negligence or contributory negligence, so it cannot be used to argue that you were at fault.

Because a small mistake can sink a claim, adjusters often focus on what you did in the seconds before the crash. Compare Maryland with other states in the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=md&fault=10#fault).

## Insurance in Maryland

Maryland drivers must carry liability insurance of at least $30,000 per person and $60,000 per crash for injuries, plus $15,000 for property damage. Maryland is an at-fault state, and your own policy adds some coverage:

| Coverage | Maryland rule |
|---|---|
| Personal injury protection | Must be offered (at least $2,500); can be waived or limited |
| Uninsured motorist | Required: $30,000/$60,000 bodily injury and $15,000 property damage |
| Underinsured motorist | Included in required UM coverage |
| Medical payments | Optional |

Personal injury protection pays medical bills and 85% of lost income regardless of who caused the accident. In a contributory negligence state that matters: PIP can pay even when your own fault would bar a claim against the other driver. Your declarations page shows whether you waived or limited it. The Insurance Information Institute estimates that 16.9% of Maryland drivers were uninsured in 2023, above the national 15.4%.

If your car is badly damaged, the Maryland Insurance Administration treats it as a total loss when repairs cost 75% or more of its fair market value. A cash offer must include all applicable taxes and registration fees, and the insurer must answer a written request for its calculation within 7 business days. Lost resale value is not covered under your own policy, but a valid part of a liability claim against an at-fault driver; see [property damage and diminished value](https://accidentclaimfacts.com/money/property-damage-and-diminished-value/). The Maryland Insurance Administration takes questions and complaints at 1-800-492-6116; 410-468-2340 (auto complaints).

## After a crash in Maryland

Maryland law requires a written report to the Motor Vehicle Administration after any crash that injures or kills someone, unless a police officer investigated and filed a report. The driver must file it within 15 days and include proof of liability insurance.

You can request a State Police crash report through the State Police online request form, by mail, or in person at the barracks or the Central Records Division. The search fee is $4, and the police ask you to wait at least 10 days after the crash. For a crash in Baltimore City, the State Police direct requests to the Baltimore Police Department's Central Records Division. Our [police report guide](https://accidentclaimfacts.com/claim-process/police-report/) explains how to read it and fix mistakes.

## Special rules in Maryland

Maryland caps non-economic damages, such as pain and suffering, in personal injury and wrongful death cases. The limit is $500,000 for causes of action arising on or after October 1, 1994, plus $15,000 every October 1 since 1995. That works out to $965,000 for a crash from October 1, 2025 to September 30, 2026, and $980,000 for a crash from October 1, 2026 to September 30, 2027. In a wrongful death case with two or more beneficiaries, the total limit is 150% of the regular cap. The cap does not limit economic losses such as medical bills and lost wages. See [pain and suffering](https://accidentclaimfacts.com/money/pain-and-suffering/) for how these damages are valued.

## Crashes on Maryland roads

The Insurance Institute for Highway Safety counted 578 crash deaths in Maryland in 2024, or 9.2 per 100,000 people, compared with 11.5 per 100,000 people nationally. Speeding played a part in 20% of the deaths, and 18% happened on rural roads. An estimated 31% of the drivers killed had a blood alcohol concentration of 0.08 g/dL or higher.

## Finding a lawyer in Maryland

Maryland has no statewide bar referral line. Instead, the lawyer referral services of the county bar associations take calls by county: Baltimore City at (410) 539-3112; Baltimore, Carroll and Frederick counties at (410) 337-9100; Montgomery County at (301) 279-9100; and Prince George's and Charles counties at (301) 952-1440. The Maryland State Bar Association keeps the [full county list](https://www.msba.org/site/site/content/Resources-and-Tools-Content/For-The-Public.aspx). Our guide to [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how they work.

Before you hire anyone, look the lawyer up in the courts' [Maryland Attorney Listing](https://www.mdcourts.gov/attysearch). A lawyer shown as "active" is in good standing and allowed to practice.

## FAQ

### What is the statute of limitations for a car accident in Maryland?

Generally 3 years from the day of the crash for injuries and vehicle damage, and 3 years from the date of death for wrongful death. Claims against a county or city need written notice within 1 year, and claims against the State need a written claim to the State Treasurer within 1 year.

### Is Maryland a no-fault state?

No. Maryland is an at-fault state, so the driver who caused the crash, through their insurer, pays for the losses. Insurers must include personal injury protection of at least $2,500, but the policyholder can waive it.

### Can I recover if I was partly at fault in Maryland?

Usually not from the other driver. Under contributory negligence, any fault of yours that helped cause the crash can bar the claim. The last clear chance doctrine is a narrow exception. Your own PIP still pays regardless of who caused the accident, unless you waived it.

### Does Maryland cap pain and suffering damages?

Yes. The limit is $500,000 for causes of action arising on or after October 1, 1994, plus $15,000 every October 1 since 1995. For a crash between October 1, 2026 and September 30, 2027, it is $980,000.

### How do I get a crash report in Maryland?

For a State Police report, use the online request form, write to the Central Records Division or visit the barracks; the search fee is $4. For a crash in Baltimore City, ask the Baltimore Police Department. Other local reports come from the department that responded.

### How do I check a Maryland lawyer's license?

Search the Maryland Attorney Listing on the Maryland Courts website. It shows each lawyer admitted in Maryland and whether their status is active.

## Sources

- [Maryland General Assembly, Courts and Judicial Proceedings § 5-201](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-201&enactments=false) — deadlines for minors
- [Maryland General Assembly, Courts and Judicial Proceedings § 5-304](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-304&enactments=false) — notice to local governments
- [Maryland General Assembly, State Government § 12-106](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gsg&section=12-106&enactments=false) — claims against the State
- [Maryland General Assembly, Insurance § 19-505](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin&section=19-505&enactments=false) — personal injury protection
- [Maryland General Assembly, Transportation § 20-107](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=20-107&enactments=false) — written crash reports
- [Maryland State Police, Request Police Reports](https://mdsp.maryland.gov/community-services/request-police-reports) — crash report copies
- [Maryland Courts, Finding Legal Help](https://www.mdcourts.gov/legalhelp/findinglegalhelp) — local bar referral services
- [Maryland General Assembly, Courts and Judicial Proceedings § 5-101](https://mgaleg.maryland.gov/2026RS/Statute_Web/gcj/5-101.pdf), checked October 29, 2026
- [Maryland General Assembly, Courts and Judicial Proceedings § 3-904](https://mgaleg.maryland.gov/2026RS/Statute%5FWeb/gcj/3-904.pdf), checked October 29, 2026
- [Maryland Insurance Administration, A Consumer Guide to Auto Insurance](https://insurance.maryland.gov/Consumer/Documents/publications/autoinsuranceguide.pdf), checked October 29, 2026
- [Court of Appeals of Maryland, Coleman v. Soccer Ass'n of Columbia, No. 9, Sept. Term 2012 (July 9, 2013)](https://www.mdcourts.gov/opinions/coa/2013/9a12.pdf), checked October 29, 2026
- [Maryland General Assembly, Transportation § 22-412.3](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=22-412.3&enactments=false), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Maryland Insurance Administration, Understanding Total Loss](https://insurance.maryland.gov/Consumer/Pages/total-loss.aspx), checked October 29, 2026
- [Maryland General Assembly, Courts and Judicial Proceedings § 11-108](https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=11-108&enactments=false), checked October 29, 2026
- [NHTSA, Drunk Driving (risky driving page)](https://www.nhtsa.gov/risky-driving/drunk-driving), checked October 29, 2026
- [Maryland Insurance Administration, Automobile Insurance](https://insurance.maryland.gov/Consumer/Pages/AutomobileInsurance.aspx), checked October 28, 2026
- [Maryland Insurance Administration, Home page](https://insurance.maryland.gov/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026