What to do after a car accident in Maryland

Maryland is one of the last pure contributory-negligence states, so a crash claim can turn on the smallest detail. Here is what state law actually requires, from the 3-year filing deadline to the noneconomic damages cap, cited to the statutes.

ThatCarHitMe.com Editorial
Jul 17, 2026
6 min read

What to do after a car accident in Maryland

A crash is disorienting whether it happened on the Capital Beltway, I-95 north of Baltimore, or a two-lane road in the western counties. The basics at the scene are the same as anywhere: check for injuries, call 911, get to safety if you can, and exchange information with the other driver. Where Maryland is different is in the law that decides whether you actually get paid, and on that point the state is one of the harshest in the country for injured people. This guide sticks to what is specific to Maryland.

Crashes here are not rare. In May 2025 alone, Montgomery County recorded 898 reported crashes.1 Behind each one is a person dealing with the rules below.

The one Maryland rule that can end your claim

Maryland is one of only a handful of states that still follows pure contributory negligence. If you are found even 1% at fault for the crash, you recover nothing from the other driver. The state's highest court reaffirmed this in Coleman v. Soccer Association of Columbia in 2013, declining to move to the comparative-fault system most states now use.2

That rule is why documentation matters more here than almost anywhere else. Photograph the vehicles, the road, any skid marks, the signals, and the other driver's plate before cars are moved. Get names and phone numbers of witnesses. Maryland State Police keep the crash report through its Central Records Division,3 and you can pull yours through the Maryland crash reports page. If weather was a factor, write it down while it is fresh; the Baltimore-Washington area sees close to 20 inches of snow in a normal year, and winter ice causes real crashes.4 A clean record of what happened is your best defense against a 1% fault argument from the other insurer.

Deadlines: you usually have three years

The statute of limitations for a car-accident injury lawsuit in Maryland is three years from the date of the crash, under Courts and Judicial Proceedings § 5-101.5 The same three-year window covers property-damage claims, since Maryland has no separate, shorter deadline for vehicle damage. Miss it and the court will almost certainly dismiss the case no matter how strong it is. Claims against a government entity, such as a state or county vehicle, carry their own much shorter notice requirements, so flag those early.

How insurance works here

Maryland is an at-fault (tort) state, not a no-fault state. The at-fault driver's insurer pays, and you can pursue that driver directly. Every driver must carry at least $30,000 per person and $60,000 per accident in bodily-injury coverage, plus $15,000 for property damage, under Transportation § 17-103.6 Those 30/60/15 minimums are low, and they run out fast in a serious injury crash.

Two coverages fill the gap. Personal injury protection (PIP) pays your own medical bills, 85% of lost income, and essential household services regardless of who was at fault. Insurers must offer at least $2,500 in PIP, but the named insured can waive or reject it in writing, so plenty of Maryland drivers carry none.7 If you do have PIP, the insurer has to pay within 30 days of receiving proof of claim, and your policy can require you to file within as little as 12 months of the accident, so do not sit on it.8

Uninsured and underinsured motorist coverage (UM/UIM) is the other backstop, and here Maryland does not leave it optional the way it does PIP. UM/UIM must be written on every policy at limits equal to your bodily-injury liability limits, unless you waive or reduce it in writing, under Insurance § 19-509.9 Because so many drivers carry only the 30/60 minimum, this is often the coverage that actually pays when someone is badly hurt.

What your injury claim can be worth

Maryland caps noneconomic damages, which covers pain, suffering, and loss of quality of life. For causes of action arising through September 30, 2026, the cap is $965,000. It rises to $980,000 on October 1, 2026, part of the $15,000 automatic increase written into Courts and Judicial Proceedings § 11-108 every year.10 In a wrongful-death case with two or more eligible beneficiaries, the limit is 150% of that figure, so $1,447,500 now and $1,470,000 after October 1.10

The cap reaches only noneconomic damages. Your economic losses, medical bills, lost earnings, and future care are not capped, and neither are punitive damages. A 2026 effort to repeal the cap, House Bill 476, stalled in the House Judiciary Committee and was sent to interim study rather than passed.11

Phones, motorcycles, and other Maryland-specific points

If the driver who hit you was on a phone, that matters. Maryland bans holding a phone while driving; you may only touch it to start or end a call or to turn it on or off, under Transportation § 21-1124.2, and it has been a primary offense (an officer can stop you for it alone) since October 1, 2013.12 Writing, sending, or reading a text behind the wheel is banned separately under § 21-1124.1.13 Proof that the other driver was using a handheld device supports your negligence case.

Motorcyclists have their own rules. Maryland has a universal helmet law: every operator and passenger must wear DOT-compliant headgear regardless of age, with the only exception being a fully enclosed cab, under Transportation § 21-1306. Lane splitting is illegal statewide.14 One point that helps injured riders: under the same statute, failing to wear a helmet cannot be held against you as contributory negligence, unless the claim is about a defect in the helmet itself.14

If a drunk driver caused the crash, two Maryland rules are worth knowing. The state does not recognize dram shop liability, so you generally cannot sue the bar or restaurant that over-served the driver, per Warr v. JMGM Group in 2013.15 And punitive damages against the drunk driver are hard to win: Maryland requires clear and convincing evidence of actual malice, a higher bar than gross negligence or recklessness, under Owens-Illinois v. Zenobia.16

Your car, and getting help

Even after the insurer pays to repair your vehicle, a car with a crash on its history is worth less than one without. Maryland lets you pursue that gap; the diminished value guide explains how those claims work here.

Between contributory negligence and the damage cap, the stakes in a Maryland claim are unusually high, and the other side understands all of this before you do. If your injuries are more than minor, talk to a lawyer early. You can find one through the legal directory.

This article is general information about Maryland law, not legal advice.

Sources

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

  2. Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), Maryland Court of Appeals. https://www.mdcourts.gov/data/opinions/coa/2013/9a12.pdf

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

  4. NOAA / National Weather Service, Baltimore/Washington (LWX), Climate Normals 1991-2020. https://www.weather.gov/lwx/bwinme

  5. Md. Code, Courts and Judicial Proceedings § 5-101. https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-101&enactments=false

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

  7. Md. Code, Insurance § 19-505 (PIP minimum coverage), § 19-506.1 (rejection). https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gin&section=19-505&enactments=false

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

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

  10. Md. Code, Courts and Judicial Proceedings § 11-108. https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=gcj&section=11-108

  11. Maryland General Assembly, HB 476 (2026 Regular Session), referred to interim study by House Judiciary, March 21, 2026. https://mgaleg.maryland.gov/mgawebsite/legislation/details/hb0476?ys=2026rs

  12. Md. Code, Transportation § 21-1124.2 (handheld phone use). https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-1124.2&enactments=false

  13. Md. Code, Transportation § 21-1124.1 (text messaging). https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-1124.1&enactments=false

  14. Md. Code, Transportation § 21-1306 (helmets), § 21-1303 (lane splitting). https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gtr&section=21-1306&enactments=false

  15. Warr v. JMGM Group, LLC, 433 Md. 170 (2013), Maryland Court of Appeals. https://www.mdcourts.gov/data/opinions/coa/2013/57a12.pdf

  16. Owens-Illinois, Inc. v. Zenobia, 325 Md. 420 (1992), Maryland Court of Appeals. https://www.courtlistener.com/opinion/2188367/owens-illinois-inc-v-zenobia/

About This Guide

Written by: ThatCarHitMe.com Editorial

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