Car Accident Statute of Limitations in Maryland

If you were hurt in a Maryland car accident, you generally have 3 years from the date of the crash to file a personal injury lawsuit. That's Maryland's general civil statute of limitations, Md. Code, Cts. & Jud. Proc. Section 5-101, and it applies to car accident claims because Maryland has no separate deadline just for vehicle collisions¹. Miss it, and the claim is over no matter how strong the evidence.

Three years sounds like room to breathe. In practice, Maryland's fault rules and a few shorter, easy-to-miss deadlines make waiting the wrong move. Montgomery County alone logged 898 crashes in May 2025, according to thatcarhitme.com's own crash-data tracking², and plenty of those drivers are still deciding when to call a lawyer. Here's what actually controls the clock.

The 3-year rule and what starts it

The limitations period runs from the date of the collision, not the date an injury is diagnosed or treatment ends. Section 5-101 covers both personal injury and property damage claims arising from the same crash; Maryland doesn't split them into separate deadlines¹. A crash on July 28, 2026 gives you until July 28, 2029 to file, for either kind of claim.

There's no broad discovery rule for ordinary car accident injuries the way there is for some medical malpractice claims. Courts treat the collision date as the accrual date because the cause of the injury is apparent at the moment of impact.

Why contributory negligence raises the stakes

Maryland is one of four states, along with Virginia, Alabama, and North Carolina, that still apply pure contributory negligence instead of a comparative fault system. Under this rule, a plaintiff found even 1% responsible for a crash recovers nothing, no matter how much more at fault the other driver was. Maryland's high court reaffirmed the rule in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013), declining to replace it with comparative negligence and leaving that call to the General Assembly³.

Lawmakers have tried and failed to carve out an exception twice. HB 594 in the 2025 session, and an identical HB 466 in 2026, both titled "Civil Actions - Motor Vehicle Accidents Involving Vulnerable Individuals - Comparative Negligence," would have let injured pedestrians and cyclists recover reduced damages instead of being barred outright. HB 594 never reached a floor vote and died at the end of the 2025 session⁴. HB 466 was referred to interim study in March 2026, which shelves it rather than enacts it⁵. Contributory negligence still applies to every Maryland car accident claim, cyclists and pedestrians included, until that changes.

This is why the 3-year window matters less than what you do inside it. Insurers investigating a Maryland claim look for any sliver of fault they can pin on you, from following distance to a phone in your hand. Maryland bans handheld phone use behind the wheel under Transportation Section 21-1124.2, and a citation on your record cuts both ways⁶. Waiting months to gather evidence gives that investigation time to work against you, even though the filing deadline itself is still years away.

Minors get extra time, within limits

If the injured person was under 18 at the time of the crash, the 3-year clock doesn't start until they turn 18. Md. Code, Cts. & Jud. Proc. Section 5-201 pauses limitations during minority, so a child hurt in a crash generally has the lesser of 3 years, or whatever time remained on the original period, after their 18th birthday to sue, which in most cases means until close to their 21st birthday⁷. A parent can, and usually should, file sooner, since evidence gets harder to gather every year regardless of the legal deadline.

A much shorter clock for government vehicles and roads

If a county vehicle, a transit bus, or a road defect maintained by a local government contributed to the crash, the 3-year statute isn't the deadline that matters. The Local Government Tort Claims Act requires written notice within 1 year of the injury, not 3, under Md. Code, Cts. & Jud. Proc. Section 5-304⁸. Notice has to reach the right office, and that varies by jurisdiction:

• County commissioners or the county council, for most counties
• The Baltimore City Solicitor, for claims against Baltimore City
• The county executive, in Howard or Montgomery County
• The county solicitor or county attorney, in Anne Arundel, Baltimore, Frederick, Harford, or Prince George's County

Send it to the wrong office or send it late, and the claim can be barred well before the general 3-year statute would have run. This is the deadline that catches people off guard.

Insurance deadlines that move faster than the lawsuit clock

Two policy-level deadlines can shape a claim long before anyone files a lawsuit. Maryland insurers must offer at least $2,500 in Personal Injury Protection (PIP) covering medical bills, lost wages, and related costs, unless the named insured waived or rejected it in writing. The insurer has 30 days to pay a PIP claim after proof of loss, and the policy itself can require the claim to be filed within not less than 12 months of the crash, a floor set by Md. Code, Insurance Sections 19-505, 19-506.1, and 19-508⁹. Check the actual policy; many insurers use that 12-month floor as the real cutoff.

Uninsured and underinsured motorist (UM/UIM) coverage is mandatory on every Maryland auto policy and must equal the bodily injury liability limits unless it was waived in writing, under Insurance Section 19-509¹⁰. That matters because Maryland's minimum liability limits, 30/60/15 ($30,000 per person, $60,000 per accident, $15,000 property damage) under Transportation Section 17-103, haven't increased since 2011¹¹. If the at-fault driver is uninsured or carries only the minimum, your own UM/UIM coverage is the real source of recovery, and most policies expect prompt notice, not years of patience.

What's at stake once you file

Maryland caps noneconomic damages (pain and suffering) in personal injury cases at $965,000 for claims arising through September 30, 2026, rising to $980,000 for claims arising on or after October 1, 2026, under Cts. & Jud. Proc. Section 11-108. The cap has climbed $15,000 every October 1 since 1995 from an original $500,000 base, and wrongful death claims with 2 or more beneficiaries get 150% of it, currently $1,447,500¹². A 2026 bill to repeal the cap outright, HB 476, did not pass¹³. The cap only touches pain and suffering; medical bills, lost wages, property damage, and punitive damages aren't limited by it.

Property damage and what to do next

The same 3-year statute covers property damage, including a diminished value claim for a vehicle that's worth less even after a proper repair. Our Maryland diminished value guide covers how those claims work.

Whatever deadline applies, start with the official crash report, which frames who officers found at fault long before contributory negligence becomes a fight. Requests go through the Maryland Department of State Police, Central Records Division¹⁴. Our Maryland crash reports guide has the details. Because one percentage point of fault can end a Maryland claim regardless of how much time is left on the clock, it's worth talking to an attorney well before year three, not at the deadline. Our legal directory can help you find one in Maryland.

This is general information, not legal advice.

Sources

1. Md. Code, Cts. & Jud. Proc. Section 5-101. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101&enactments=false

2. thatcarhitme.com, Montgomery County, MD Crash Report, May 2025. https://thatcarhitme.com/crash-data/maryland/montgomery-county/may-2025-report

3. Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013). https://www.mdcourts.gov/data/opinions/coa/2013/9a12.pdf

4. HB 594, 2025 Regular Session, Maryland General Assembly. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0594?ys=2025RS

5. HB 466, 2026 Regular Session, Maryland General Assembly. https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0466?ys=2026RS

6. Md. Code, Transportation Section 21-1124.2. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-1124.2&enactments=false

7. Md. Code, Cts. & Jud. Proc. Section 5-201. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-201&enactments=false

8. Md. Code, Cts. & Jud. Proc. Section 5-304. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-304&enactments=false

9. Md. Code, Insurance Sections 19-505, 19-506.1, 19-508. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin&section=19-508&enactments=false

10. Md. Code, Insurance Section 19-509. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin&section=19-509&enactments=false

11. Md. Code, Transportation Section 17-103. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=17-103

12. Md. Code, Cts. & Jud. Proc. Section 11-108. https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj&section=11-108

13. HB 476, 2026 Regular Session, Department of Legislative Services Fiscal Note. https://mgaleg.maryland.gov/2026RS/fnotes/bil_0006/hb0476.pdf

14. Maryland Department of State Police, Central Records Division. https://mdsp.maryland.gov/community-services/request-police-reports