Maryland car accident statute of limitations: three years and no room for blame
Learn how the Maryland car accident statute of limitations applies to you on a free call.
Maryland is one of the few places where being even slightly to blame can bar your whole claim. This old rule is called contributory negligence and the top court kept it in Coleman v. Soccer Association of Columbia. You get three years from the crash to file suit.
The deadlines in Maryland
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Three years | Md. Cts. & Jud. Proc. § 5-101 |
| Car or property damage lawsuit | Three years | Md. Cts. & Jud. Proc. § 5-101 |
| Shared fault | Any fault of yours can bar recovery | Coleman v. Soccer Ass’n of Columbia (2013) |
| Minimum liability cover | $30,000 / $60,000 / $15,000 | Md. Transp. § 17-103 |
| Personal injury protection (PIP) | $2,500 unless waived | Md. Ins. § 19-505 |
| Notice to a county or city | Within 1 year of the injury | Md. Cts. & Jud. Proc. § 5-304 |
Why one percent of blame matters in Maryland
Most states trim your award when you share the blame. Maryland does not. If a jury decides you were careless in any way that helped cause the crash, you can lose everything. The Court of Appeals refused to change this in 2013 and left it for lawmakers.
That is why Maryland adjusters ask so much about speed, signals and phones. A casual “I didn’t see them” can become the whole defense.
Notice rules that come before the three years
A crash with a county or city vehicle needs written notice within one year, under section 5-304. Claims against the State go to the Treasurer within one year, under State Government section 12-106.
For a child, the three years start once the child reaches adulthood, under section 5-201. A death claim must be filed within three years of the death, per section 3-904.
Money available after a Maryland crash
Drivers must carry at least $30,000 per person, $60,000 per crash and $15,000 for property, under Transportation section 17-103. Policies also include $2,500 of PIP, which means personal injury protection that pays medical bills regardless of fault. You can waive it in writing, under Insurance section 19-505.
Maryland is still an at-fault state. PIP helps early, but the larger claim goes against the careless driver.
When a Maryland car accident lawyer helps most
Call before you give a recorded statement, because the fault rule punishes small admissions. An attorney can gather the proof that you did nothing wrong and file well inside three years. Calling costs you nothing. The lawyer is paid only out of a win.
Other states: Virginia, Pennsylvania, Delaware, West Virginia, District of Columbia or every state on one page.
Maryland car accident statute of limitations questions
How long do I have to file a car accident lawsuit in Maryland?
Three years from the crash for injuries and car damage, under section 5-101.
Can I get money if I was a little at fault in Maryland?
Often not. Maryland’s contributory negligence rule can bar any recovery if your carelessness helped cause the crash.
Is Maryland a no-fault state?
No. It requires $2,500 of PIP unless you waive it, but the at-fault driver still pays for the rest.
Before the clock runs out
Maryland can bar your claim if you were even a little careless, so what you tell the insurer matters. Call before you sign or give a statement and a lawyer will review your deadline and offer free.
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