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Maryland car accident law: deadlines, fault and your claim

Maryland gives you three years to sue after a crash, but its contributory negligence rule can bar your whole claim if you were even slightly at fault.

Last reviewed By the Editorial team 6 min read

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. An older rule, still used in a few places, under which any fault of your own can bar you from recovering anything. Glossary, 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.

Maryland law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury3 yearsMd. Code, Cts. & Jud. Proc. § 5-101
Vehicle or property damage3 yearsMd. Code, Cts. & Jud. Proc. § 5-101
Wrongful death3 yearsfrom the date of deathMd. Code, Cts. & Jud. Proc. § 3-904(g)(1)
Shared faultContributory Contributory negligenceColeman v. Soccer Ass'n of Columbia (Md. 2013) (common law)

In Maryland even a small share of fault can bar your claim entirely; a 2026 bill to soften this (HB 466) was sent to interim study and not passed.

Key facts

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. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary of 3 years for most car-crash lawsuits. The clock usually starts on the day of the crash.

ClaimDeadlineLaw
Personal injury3 yearsMd. Code, Cts. & Jud. Proc. § 5-101
Damage to your vehicle or other property3 yearsMd. Code, Cts. & Jud. Proc. § 5-101
Wrongful death3 years from the date of deathMd. Code, Cts. & Jud. Proc. § 3-904(g)(1)
Claim against a county or cityWritten notice within 1 yearMd. Code, Cts. & Jud. Proc. § 5-304
Claim against the State of MarylandWritten claim to the State Treasurer within 1 year; lawsuit within 3 yearsMd. 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. Pausing the limitations clock, for example while the injured person is a child. Glossary.

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.

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)).

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. An exception to contributory negligence. An injured person who was partly at fault may still recover if the other party saw, or should have seen, their danger and had the time and ability to avoid the harm but did not. Glossary 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.

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:

CoverageMaryland rule
Personal injury protectionMust be offered (at least $2,500); can be waived or limited
Uninsured motoristRequired: $30,000/$60,000 bodily injury and $15,000 property damage
Underinsured motoristIncluded in required UM coverage
Medical paymentsOptional

Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary 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. 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 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 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. Our guide to lawyer referral services explains how they work.

Before you hire anyone, look the lawyer up in the courts' Maryland Attorney Listing. A lawyer shown as "active" is in good standing and allowed to practice.

Questions people ask

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

  1. Maryland General Assembly, Courts and Judicial Proceedings § 5-201 — deadlines for minors
  2. Maryland General Assembly, Courts and Judicial Proceedings § 5-304 — notice to local governments
  3. Maryland General Assembly, State Government § 12-106 — claims against the State
  4. Maryland General Assembly, Insurance § 19-505 — personal injury protection
  5. Maryland General Assembly, Transportation § 20-107 — written crash reports
  6. Maryland State Police, Request Police Reports — crash report copies
  7. Maryland Courts, Finding Legal Help — local bar referral services
  8. Maryland General Assembly, Courts and Judicial Proceedings § 5-101 — as of October 2026
  9. Maryland General Assembly, Courts and Judicial Proceedings § 3-904 — as of October 2026
  10. Maryland Insurance Administration, A Consumer Guide to Auto Insurance — as of October 2026
  11. Maryland State Bar Association, Local Bar Association Referral Services — as of October 2026
  12. Court of Appeals of Maryland, Coleman v. Soccer Ass'n of Columbia, No. 9, Sept. Term 2012 (July 9, 2013) — as of October 2026
  13. Maryland General Assembly, Transportation § 22-412.3 — as of October 2026
  14. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  15. Maryland Insurance Administration, Understanding Total Loss — as of October 2026
  16. Maryland General Assembly, Courts and Judicial Proceedings § 11-108 — as of October 2026
  17. NHTSA, Drunk Driving (risky driving page) — as of October 2026
  18. Maryland Courts, Attorney Search — as of October 2026
  19. Maryland Insurance Administration, Automobile Insurance — as of October 2026
  20. Maryland Insurance Administration, Home page — as of October 2026
  21. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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