Maryland
Maryland Car Accident Laws: Fault, Insurance, and Your Claim
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 6 primary sources cited on this page. How we verify our legal content
Maryland is an at-fault (tort) state that follows pure contributory negligence, meaning the at-fault driver is liable for all damages, and any victim found even 1% responsible for the crash can be completely barred from recovering anything from the other driver.
Is Maryland a no-fault or at-fault state?
Maryland is an at-fault (tort) state. When a crash occurs, the driver who caused it is financially responsible for the resulting damages, including medical expenses, lost wages, vehicle repair, and pain and suffering. Injured people claim directly against the at-fault driver's liability insurance, not their own insurer first.
Maryland is also classified as an "add-on" PIP state, which means every auto policy must include Personal Injury Protection under Md. Code, Insurance § 19-505. However, this add-on PIP is first-party medical and wage coverage only. It does not transform Maryland into a no-fault state, does not impose any injury threshold before you can sue, and does not limit your right to pursue full tort damages from the at-fault driver. You can collect both PIP and a full tort recovery.
Because Maryland has no verbal or monetary injury threshold, any injured person may bring a negligence claim against the at-fault driver for the complete range of economic and non-economic damages from day one. The critical limitation in Maryland is not a threshold to enter the tort system, but rather the contributory-negligence rule that can completely strip your recovery if you share any fault.
How fault is shared: Maryland's negligence rule
Maryland is one of only five jurisdictions (Alabama, Washington DC, Maryland, North Carolina, and Virginia) that still apply pure contributory negligence. Under this rule, if you contributed to the accident in any way, even by 1%, you are completely barred from recovering any compensation from the other driver.
This is not a minor technicality. In states that use comparative fault, a 10% or even 30% share of fault reduces your recovery proportionately but does not eliminate it. In Maryland, the same degree of fault is a complete defense. Insurance adjusters in Maryland are trained to find any evidence of your contribution to the crash precisely because even a small finding of fault shuts down your claim entirely.
Maryland courts have applied pure contributory negligence in tort cases for generations. The doctrine traces to common-law negligence principles that the Maryland legislature has never repealed, despite periodic reform efforts. Examples of contributory fault that have been argued in Maryland car accident cases include modest speeding, failing to brake in time, or drifting slightly out of lane before impact. If an adjuster or opposing lawyer raises this defense, you should consult a Maryland attorney immediately rather than responding on your own. Everything you say about your own conduct becomes potential evidence of contributory fault.
Minimum car insurance in Maryland
Maryland requires every vehicle registered and operated in the state to carry minimum liability coverage. Under Md. Code, Transportation § 17-103 and Insurance § 19-509, those minimums are 30/60/15:
- $30,000 bodily injury per person per accident
- $60,000 bodily injury total per accident (all injured parties combined)
- $15,000 property damage per accident
These are the legal floor, not recommended limits. A serious crash can generate medical bills that far exceed $30,000, leaving the at-fault driver personally exposed and the injured party under-compensated if they cannot reach the driver's personal assets.
Personal Injury Protection (PIP): Maryland law requires every auto policy to include PIP at a minimum of $2,500 in benefits for reasonable medical, hospital, disability, and funeral expenses incurred within three years, plus 85% of lost income (Ins. § 19-505). The named insured may reject PIP in writing under Ins. § 19-506, but a waiver by the named insured does not strip coverage from passengers or injured pedestrians. PIP pays regardless of fault and can help bridge cash-flow gaps while the liability claim resolves.
Uninsured and underinsured motorist (UM/UIM) coverage is mandatory under Ins. § 19-509 and must be carried at limits equal to your liability limits unless you affirmatively elect lower limits in writing (down to the 30/60/15 minimum). You cannot waive UM/UIM entirely. For policies issued or renewed on or after July 1, 2018, insurers must also offer Enhanced Underinsured Motorist (EUIM) coverage, which the insured may accept or decline in writing. UM/UIM covers you when the at-fault driver is uninsured or carries too little insurance to cover your losses.
How long you have to file: the statute of limitations
Maryland's personal injury statute of limitations is three years from the date of the accident, under Md. Code, Courts and Judicial Proceedings § 5-101. This general three-year period governs negligence claims arising from auto accidents, including both bodily injury and property damage claims.
If you miss the three-year deadline, Maryland courts will almost certainly dismiss your lawsuit on the defendant's limitations defense. Insurers are aware of this clock and sometimes delay negotiations hoping the deadline will expire before you file suit.
Tolling and exceptions: The limitations period is tolled (paused) for minors; the clock does not begin running until the injured person turns 18. Tolling may also apply when the defendant fraudulently concealed information relevant to the claim, or when the defendant is absent from the state for a period.
Government defendants: If the at-fault driver was a state, county, or municipal employee acting in the course of employment, the Maryland Tort Claims Act imposes a one-year notice-of-claim requirement before you can file suit against the State (Cts. and Jud. Proc. § 12-106). Local government notice requirements vary and may be shorter. Missing the notice deadline can bar your claim entirely.
For a complete breakdown of Maryland's civil filing deadlines, see the Maryland statute of limitations overview.
What a Maryland car accident claim is worth
Damages in a Maryland car accident claim divide into two categories. Economic damages are documented, quantifiable losses: emergency room and hospital bills, surgery and rehabilitation, prescription medication, lost wages from missed work, reduced future earning capacity for permanent injuries, and the cost to repair or replace your vehicle. These are calculated from bills, pay stubs, tax returns, and expert testimony and are not subject to any cap.
Non-economic damages compensate for harms that have no invoice: physical pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, and permanent disfigurement or disability. Unlike most states, Maryland caps these damages. Under Cts. and Jud. Proc. § 11-108, the cap for causes of action arising in 2025-2026 is approximately $965,000, rising by $15,000 each October 1. Verify the current cap figure before filing.
The practical ceiling in many claims is the at-fault driver's policy limits. If the other driver carries only 30/60 in liability coverage and your injuries exceed $30,000, you may need to tap your own UM/UIM coverage or pursue the at-fault driver personally.
Maryland's pure contributory negligence rule adds a layer of litigation risk that does not exist in comparative-fault states. An insurer's allegation that you were 5% at fault is not just a reduction argument; it is a complete defense. Document the crash thoroughly from the outset and do not make admissions that can later be characterized as acceptance of fault.
Use the Maryland car accident settlement calculator to estimate a range for your claim based on your specific injuries, fault picture, and available insurance.
What to do after a car accident in Maryland
1. Check for injuries and call 911. Safety is the first priority. Maryland law requires drivers involved in accidents resulting in injury, death, or significant property damage to stop, render aid, and contact law enforcement. Never leave the scene of an injury accident.
2. Document the scene thoroughly. Photograph every vehicle from multiple angles, the road surface, skid marks, traffic controls, and any visible injuries. Collect the other driver's full name, driver's license number, insurance company, and policy number. Gather names and contact information for any witnesses. In Maryland, given the contributory negligence rule, documentation that shows the other driver was solely at fault is especially valuable.
3. Get a police report. Ask the responding officer for the report number. A written crash report is typically required when there are injuries, a fatality, or property damage over a threshold amount. The police report is often the foundation of the insurance claim and any later lawsuit.
4. Seek medical attention promptly. Even if you feel fine at the scene, see a doctor the same day or within 24 hours. Adrenaline masks pain, and conditions such as traumatic brain injury, internal bleeding, and soft-tissue damage may not be obvious immediately. A gap in treatment gives insurers an argument that your injuries were not caused by the accident.
5. Notify your own insurer. Report the accident to your insurance company even if you were not at fault. Most policies require prompt notice. If you carry PIP under your policy, it can pay your initial medical bills and lost wages while the liability claim is pending, regardless of fault.
6. Do not give a recorded statement to the other driver's insurer without first speaking to an attorney. In Maryland, a recorded admission that you were even slightly at fault can be used to invoke the contributory-negligence defense and bar your entire claim. An attorney can help you present the facts accurately without inadvertently conceding fault.
7. Consult a Maryland attorney before accepting any settlement. Once you sign a release, you generally cannot reopen the claim. Given Maryland's non-economic damage cap and its pure contributory negligence doctrine, the strategic calculus here differs from most states. An attorney familiar with Maryland law can assess whether a settlement offer reflects your full damages and whether the contributory-negligence defense is genuinely supported by the evidence.
This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Maryland.
Related pages:
- Maryland Car Accident Settlement Calculator
- Maryland Hit-and-Run Laws
- Maryland Statute of Limitations
- Car Accident Laws by State (hub)
More Maryland Laws
Frequently Asked Questions
Is Maryland a no-fault state?
No. Maryland is an at-fault (tort) state. Although every Maryland auto policy must include add-on Personal Injury Protection (PIP) under Ins. § 19-505, Maryland is not a true no-fault state. There is no injury threshold required to sue, and injured parties claim directly against the at-fault driver's liability insurer for the full range of damages.
Is Maryland an at-fault state?
Yes. Maryland is an at-fault state. The driver who caused the crash is responsible for the other party's medical bills, lost wages, property damage, and pain and suffering. Maryland's add-on PIP provides first-party medical and wage benefits on top of your tort rights but does not replace them.
What is the statute of limitations for a car accident in Maryland?
Three years from the date of the accident under Md. Code, Courts and Judicial Proceedings § 5-101. Both personal injury and property damage claims carry this three-year deadline. For minors, the period is tolled until age 18. If a government employee caused the crash, a one-year notice-of-claim requirement under the Maryland Tort Claims Act applies before you can sue the State.
Can I still recover if I was partly at fault in Maryland?
Almost certainly not. Maryland applies pure contributory negligence, which bars any recovery if you were even 1% at fault for the accident. This is one of the strictest fault rules in the country, shared only by Alabama, Washington DC, North Carolina, and Virginia. Insurance adjusters regularly invoke this defense to deny claims, so it is critical to document that the other driver was solely responsible.
What are the minimum insurance requirements in Maryland?
Maryland requires minimum liability coverage of 30/60/15: $30,000 bodily injury per person, $60,000 bodily injury per accident, and $15,000 property damage (Transportation § 17-103). Every policy must also include at least $2,500 in add-on PIP (Ins. § 19-505, waivable in writing) and mandatory UM/UIM coverage at the liability limits unless reduced in writing (Ins. § 19-509).
How much is my Maryland car accident claim worth?
It depends on your medical bills, lost wages, pain and suffering, permanent injuries, the at-fault driver's policy limits, and your own fault contribution. Maryland caps non-economic damages at roughly $965,000 (rising $15,000 per year). Economic damages are uncapped. Because pure contributory negligence can bar your entire claim if you share any fault, establishing the other driver's sole responsibility is critical. Use the Maryland settlement calculator for a personalized estimate.
Does Maryland require PIP coverage?
Yes, but in an add-on capacity. Under Ins. § 19-505, every Maryland auto policy must include at least $2,500 in Personal Injury Protection benefits covering medical expenses and 85% of lost wages within three years of the accident. The named insured may reject PIP in writing under § 19-506. Maryland's PIP is a supplement to your tort rights, not a replacement; there is no injury threshold to sue the at-fault driver.
What does pure contributory negligence mean for my Maryland claim?
It means that if you are found even slightly at fault, you may recover nothing from the other driver. Unlike comparative-fault states where your recovery is simply reduced by your percentage of fault, Maryland's pure contributory rule is an all-or-nothing bar. This applies even if the other driver was 99% responsible. Consult a Maryland attorney before speaking to the other driver's insurer.
Injured in Maryland? Get a free case review from a personal-injury attorney
If someone else's negligence caused your injury, you may be owed compensation for medical bills, lost wages, and pain and suffering. Get a free, no-obligation review from a Maryland personal-injury attorney. Most work on contingency, so there is no upfront cost.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Independently fact-checked against the cited primary sources
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maryland Code, Courts and Judicial Proceedings Article
§ 11-108In forcecited in 3 of our articles
§11–108. (a) (1) In this section the following words have the meanings indicated. (2) (i) “Noneconomic damages” means: 1. In an action for personal injury, pain, suffering, inconvenience, physical impairment, disfigurement, loss of consortium, or other nonpecuniary injury; and 2. In an action for wrongful death, mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education, or other noneconomic damages authorized under Title 3, Subtitle 9 of this article. (ii) “Noneconomic damages” does not include punitive damages. (3) “Primary claimant” means a claimant in an action for the death of a person described under § 3-904(d) of this article. (4) “Secondary claimant” means a claimant in an action for the death of a person described under § 3-904(e) of this article. (b) (1) In any action for damages for personal injury in which the cause of action arises on or after July 1, 1986, an award for noneconomic damages may not exceed $350,000.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 15 court opinionsMost recently applied by a court: 2025
Leading cases:
- Erie Insurance Exchange v. Heffernan (Court of Appeals of Maryland 2007, 399 Md. 598)“…a. Maryland’s statutory cap on non-economic damages, Md.Code Ann., Cts. & Jud. Proc. § 11-108, where the insured and the insurer both…”
- Cole v. Sullivan (Court of Special Appeals of Maryland 1996, 110 Md. App. 79)“…Act, ch. 477, 1994 Md. Laws 2292 (codified as amended at Md. Code Ann., Cts. & Jud. Proc. §§ 11-108 , 11-109 (1995)). 11…”
- Bankert Ex Rel. Bankert v. United States (District Court, D. Maryland 1996, 937 F. Supp. 1169)“…and requires the trier of fact to itemize economic damages. Md.Code Ann.Cts. and Jud.Proc. §§ 11-108 and 11-109. Both Ariel and Kimberly Ban…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Maryland Dog Bite Laws: Liability and Victim Rights, Maryland Wrongful Death Laws (2026): Deadlines & Who Sues
§ 5-101In forcecited in 7 of our articles
§5–101. A civil action at law shall be filed within three years from the date it accrues unless another provision of the Code provides a different period of time within which an action shall be commenced.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 210 court opinionsMost recently applied by a court: 2026
Leading cases:
- College of Notre Dame of Maryland, Inc. v. Morabito Consultants, Inc. (Court of Special Appeals of Maryland 2000, 132 Md. App. 158)“…Maryland, the general statute of limitations is codified at Md.Code, Cts. & Jud. Proc. § 5-101 (Repl.Vol. 1998). This provision establ…”
- LaSalle Bank, N.A. v. Reeves (Court of Special Appeals of Maryland 2007, 173 Md. App. 392)“…arred by the three-year statute of limitations set forth in Md.Code Ann., Cts. and Jud. Proc. § 5-101. 2. Whether the circuit court erred i…”
- Fairfax Savings, F.S.B. v. Weinberg & Green (Court of Special Appeals of Maryland 1996, 112 Md. App. 587)“…must be filed within three years from the date it accrues. Md.Code Ann., Cts. & Jud.Proc. § 5-101 (1974,1975 Repl.Vol.). 17…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Motorcycle Accident Laws in Maryland (2026): Deadlines & Helmets, Maryland Slip and Fall Laws: Proving Premises Liability in a Pure-Contributory State, Maryland Statute of Limitations: Filing Deadlines by Case Type
Maryland Code, Insurance Article
§ 19-505In force
§19–505. (a) Unless waived in accordance with § 19–506 of this subtitle or rejected in accordance with § 19–506.1 of this subtitle, each insurer that issues, sells, or delivers a motor vehicle liability insurance policy in the State shall provide coverage for the medical, hospital, and disability benefits described in this section for each of the following individuals: (1) except for individuals specifically excluded under § 27–609 of this article: (i) the first named insured, and any family member of the first named insured who resides in the first named insured’s household, who is injured in any motor vehicle accident, including an accident that involves an uninsured motor vehicle or a motor vehicle the identity of which cannot be ascertained; and (ii) any other individual who is injured in a motor vehicle accident while using the insured motor vehicle with the express or implied permission of the named insured; (2) an individual who is injured in a motor vehicle accident while occupying the insured motor vehicle as a guest or passenger; and (3) an individual who is injured in a motor vehicle accident that involves the insured motor vehicle: (i) as a pedestrian; or (ii)…
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 19-506In force
§19–506. (a) (1) If the first named insured does not wish to obtain the benefits described in § 19-505 of this subtitle, the first named insured shall make an affirmative written waiver of those benefits. (2) If the first named insured does not make an affirmative written waiver under this section, the insurer shall provide the coverage described in § 19-505 of this subtitle. (b) (1) A waiver made under this section constitutes a waiver of all the benefits described in § 19-505 of this subtitle, whether provided under: (i) the first named insured’s policy; (ii) any other motor vehicle liability insurance policy issued in the State; or (iii) another form of security used in place of a motor vehicle liability insurance policy as authorized under § 17-103 of the Transportation Article. (2) Subject to paragraph (3) of this subsection, a waiver made under this section is binding on the following individuals covered by the policy: (i) each named insured; (ii) each listed driver; and (iii) each member of the first named insured’s family residing in the first named insured’s household who is at least 16 years old.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
§ 19-509In force
§19–509. IN EFFECT (a) In this section, “uninsured motor vehicle” means a motor vehicle: (1) the ownership, maintenance, or use of which has resulted in the bodily injury or death of an insured; and (2) for which the sum of the limits of liability under all valid and collectible liability insurance policies, bonds, and securities applicable to bodily injury or death: (i) is less than the amount of coverage provided under this section; or (ii) has been reduced by payment to other persons of claims arising from the same occurrence to an amount less than the amount of coverage provided under this section. (b) The uninsured motorist coverage required by this section does not apply to a motor vehicle liability insurance policy: (1) that insures a motor vehicle that: (i) is not subject to registration under § 13–402 of the Transportation Article because it is not driven on a highway; or (ii) is exempt from registration under § 13–402(c)(10) of the Transportation Article; or (2) if the first named insured under a policy or binder of private passenger motor vehicle liability insurance has enhanced underinsured motorist coverage under § 19–509.1 of this subtitle.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Maryland Code, Transportation Article
§ 17-103In force
§17–103. (a) (1) Except as provided in paragraph (2) or (3) of this subsection, the form of security required under this subtitle is a vehicle liability insurance policy written by an insurer authorized to write these policies in this State. (2) The Administration may accept another form of security in place of a vehicle liability insurance policy if it finds that the other form of security adequately provides the benefits required by subsection (b) of this section. (3) (i) 1. In this paragraph the following words have the meanings indicated. 2. “Affiliate” means any company that controls, is controlled by, or is under common control with another company. 3. “Provide taxicab services”, “transportation network company”, and “transportation network operator” have the meanings stated in § 10–101 of the Public Utilities Article. (ii) The Administration may accept another form of security from a transportation network company in place of an insurance policy required by § 10–405 of the Public Utilities Article if: 1. The other form of security adequately provides the benefits required by § 10–405 of the Public Utilities Article; and 2.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at mgaleg.maryland.gov
Cited in 4 court opinionsMost recently applied by a court: 2021
Leading cases:
- Rentals Unlimited, Inc. v. AETNA CASUALTY & SURETY INSURANCE CO. (Court of Special Appeals of Maryland 1994, 101 Md. App. 652)“…Appellee, Aetna, contends that under COMAR 11.18.01.05, Md.Code Ann., Transp. §§ 17-103 and 18-102, and the “Other Insurance” p…”
- Estate of Boone v. United States (District Court, D. Maryland 2008, 591 F. Supp. 2d 800)“…sured company. § 5-604(b)(l)(i) (adopting limits imposed by Md.Code Ann., Transp., § 17-103) 1 & (b)(1)(h). The United…”
- Kotkowski v. Nationwide Property & Casualty Insurance Company (District Court, D. Maryland 2021)“…d costs[.] Md. Code, Transportation § 17-103(b)(1).…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
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Sources and References
- Md. Code, Insurance § 19-505 (Personal Injury Protection)(mgaleg.maryland.gov).gov
- Md. Code, Insurance § 19-506 (PIP waiver)(mgaleg.maryland.gov).gov
- Md. Code, Insurance § 19-509 (mandatory UM/UIM; liability minimums)(mgaleg.maryland.gov).gov
- Md. Code, Transportation § 17-103 (financial security; minimum 30/60/15)(mgaleg.maryland.gov).gov
- Md. Code, Courts and Judicial Proceedings § 5-101 (3-year personal injury limitations period)(mgaleg.maryland.gov).gov
- Md. Code, Courts and Judicial Proceedings § 11-108 (non-economic damages cap)(mgaleg.maryland.gov).gov