From congested highways like I-95 to local roads throughout Baltimore and the D.C. suburbs, car accidents in Maryland happen every day. If you’ve been hurt in a crash, it’s important to understand how Maryland’s laws affect your ability to recover compensation. This guide explains how fault is determined, what deadlines you need to know, and why working with an attorney can be especially important in this state.
Maryland Is an At-Fault State
Maryland operates under a traditional fault-based system. This means the person who caused the accident is financially responsible for any injuries or property damage they caused. Victims can:
- File a claim with their own insurance provider
- File a third-party claim with the at-fault driver’s insurance
- File a personal injury lawsuit in court
You must prove that the other party was at fault before receiving compensation from them or their insurance company.
Maryland Follows Pure Contributory Negligence
Maryland is one of just a few states that use a pure contributory negligence rule. This means if you are even 1% at fault for the accident, you cannot recover any damages from the other party.
This strict rule makes it harder for injured drivers or passengers to get compensation unless they are completely free of blame. As a result, insurance companies in Maryland often try to shift some of the blame to avoid paying.
Minimum Insurance Requirements in Maryland
All Maryland drivers must carry the following minimum auto insurance coverage:
- $30,000 for bodily injury per person
- $60,000 for bodily injury per accident
- $15,000 for property damage
Maryland also requires uninsured and underinsured motorist coverage in the same minimum amounts, plus personal injury protection (PIP), unless waived in writing.
Statute of Limitations for Car Accident Lawsuits
In Maryland, the statute of limitations for filing a personal injury or property damage lawsuit is three years from the date of the accident. Failing to file in time usually means your case will be dismissed, and you won’t be able to collect compensation.
If the crash involved a government vehicle, you may need to file a notice of claim much sooner—usually within one year.
When Are You Required to Report a Crash?
You must report a car accident to local police if:
- Someone is injured or killed
- Property damage is likely to exceed $1,500
- The other driver flees the scene or appears intoxicated
Even if the police don’t respond to the scene, you should report the crash to the Maryland Motor Vehicle Administration (MVA) within 15 days if it meets these criteria.
What If the Other Driver Is Uninsured?
If you’re hit by someone without insurance, your uninsured motorist (UM) coverage can step in to pay for your injuries and losses. Maryland requires this coverage, which also applies to hit-and-run accidents where the other driver can’t be found.
Underinsured motorist (UIM) coverage may help if the at-fault driver’s policy doesn’t cover the full amount of your damages.
Compensation Available After a Crash
If you are injured due to another driver’s negligence, you may be able to recover:
- Medical expenses
- Lost income and future wages
- Pain and suffering
- Property damage
- Emotional distress
Because of Maryland’s contributory negligence law, strong documentation and legal support are often necessary to win a claim.
What Rights Do Passengers Have?
Passengers injured in a crash can usually seek compensation from the at-fault driver’s insurance. If the driver of the vehicle they were in caused the crash, the passenger can still file a claim unless they contributed to the accident in some way (which is rare). Like drivers, passengers must be completely free of fault to recover damages in Maryland.
Should You Hire a Lawyer After a Car Accident?
Because Maryland’s laws are strict when it comes to fault and liability, many injured victims choose to work with an experienced car accident attorney. A lawyer can help prove that you weren’t responsible for the crash, fight insurance company tactics, and file a strong claim within all legal deadlines. Many offer free consultations and only get paid if you win.