Maryland is one of the few places that still follows contributory negligence, which can bar recovery if you were even slightly at fault. Commuter traffic on the Baltimore and Capital Beltways and I-270 is heavy, and I-95 carries freight through the state. Because the fault rule is so strict, early evidence matters.
Is Maryland a no-fault state?
No — Maryland is an at-fault state. Maryland is an at-fault state. The driver who caused the crash — through their liability insurer — is generally responsible for the injured person's losses. You can usually file a claim with that insurer, with your own insurer, or file a lawsuit.
Insurers in Maryland must include PIP unless you waive it in writing.
Learn more in our guide to what a no-fault state is.
How does shared fault work in Maryland?
Maryland follows contributory negligence, one of the strictest rules in the US. If you are found even slightly at fault, you may be barred from recovering from the other driver, although there are exceptions — which is why an attorney's review matters here.
In Maryland, an insurer may deny a claim by arguing you were even 1% responsible — for example, by saying you were slightly over the speed limit or looked away for a moment. Exceptions such as the "last clear chance" doctrine can sometimes apply, which is why an attorney's review is especially valuable in Maryland.
Read more: what comparative fault means.
How long do I have to file a car accident claim in Maryland?
In Maryland, the general deadline to file a personal injury lawsuit is three years from the date of the injury, with some exceptions.
Other deadlines can be much shorter. Your insurance policy may require prompt notice of the crash, PIP and uninsured-motorist claims can have their own timelines, and claims against a city, county or the State of Maryland often need formal notice within months. Different rules can also apply to minors and wrongful death claims.
What are Maryland's minimum car insurance requirements?
Maryland requires drivers to carry at least $30,000 per person / $60,000 per accident for bodily injury, and $15,000 for property damage.
Minimum limits are often not enough to cover a serious injury. If the at-fault driver has little or no insurance, your own uninsured/underinsured motorist (UM/UIM) coverage, medical payments coverage or PIP may help. See what to do if an uninsured driver hit you.
What should I do after a car accident in Maryland?
Get safe, get medical care and protect your evidence. These steps apply anywhere in Maryland:
- Call 911 if anyone is hurt, and move out of traffic if it's safe — especially on busy roads like I-95 or I-695 (Baltimore Beltway).
- Call the police and ask how to get the crash report. Maryland generally requires reporting crashes that cause injury, death or significant damage.
- Exchange names, insurance and plate numbers, and photograph the vehicles, the scene and your injuries.
- Get the names and phone numbers of witnesses.
- See a doctor promptly, even if you feel fine.
- Notify your own insurer, but be careful about giving the other driver's insurer a recorded statement.
- Talk to an independent Maryland attorney before signing any release, keeping the three years deadline in mind.
Our full what to do after a car accident guide goes into more detail.
Where do car accidents happen in Maryland?
Crashes happen everywhere, but traffic is heaviest in and around Baltimore, Columbia, Germantown, Silver Spring, Frederick and Annapolis. Major routes include I-95, I-695 (Baltimore Beltway), I-495 (Capital Beltway), I-270, I-83 and US-50. Our attorney-matching service covers every county in Maryland.