Maryland Car Accident Laws (2026)
Preliminary legal information — researched from cited sources, but not yet reviewed by a licensed attorney. Rules and exceptions may change the result in an individual case.
Quick answer
Maryland uses a tort system with add-on first-party benefits. state. Add-on state: Maryland retains tort liability and also requires insurers to provide PIP benefits, which eligible insureds may waive in writing. Contributory negligence: even 1% of fault can bar recovery entirely (harsh — talk to a lawyer). You generally have 3 years to file an injury lawsuit.
Who pays after a crash in Maryland?
Add-on state: Maryland retains tort liability and also requires insurers to provide PIP benefits, which eligible insureds may waive in writing.
Auto-system source: NAIC 2022/2023 Auto Insurance Database Report, published 2025.
In practice: check the injured person's own policy promptly for PIP, medical-payments, wage-loss, or similar first-party benefits. Using those benefits generally does not replace a liability claim against the at-fault driver, but notice requirements and coordination rules vary.
What if you were partly at fault?
Contributory negligence: even 1% of fault can bar recovery entirely (harsh — talk to a lawyer).
Comparative-fault reference: Justia 50-state survey, with links to the controlling statutes and cases. Claim-specific exceptions can apply.
Fault percentages are assigned by adjusters and, ultimately, juries — they are negotiable opinions, not facts. Evidence like photos, witness statements, and citations moves them.
Damage caps in Maryland
For non-medical personal injury causes of action arising from October 1, 2025 through September 30, 2026, Maryland's noneconomic-damages limit is $965,000 under Md. Code, Courts & Judicial Proceedings § 11-108. It rises to $980,000 on October 1, 2026. Different aggregate limits apply to wrongful death and medical malpractice.
Your filing deadline
The general reference period is 3 years for many injury claims — details and exceptions in the Maryland statute of limitations guide.
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Frequently asked questions
Is Maryland a no-fault state?
Add-on state: Maryland retains tort liability and also requires insurers to provide PIP benefits, which eligible insureds may waive in writing.
Can I still recover if the crash was partly my fault in Maryland?
Contributory negligence: even 1% of fault can bar recovery entirely (harsh — talk to a lawyer).
How long do I have to file after a car accident in Maryland?
Generally 3 years for injury claims. Claims against government entities can require notice within months.
General information, not legal advice. Attorney advertising. Claimelo is not a law firm. This page is a starting point: deadlines, liability rules, exceptions, and available damages depend on the facts and the law in effect when the event occurred. Do not delay or decide not to pursue a claim based only on this website. A licensed attorney can apply the law to your situation.