Maryland car accident law requires you to show that the other driver caused the crash and your injuries. Maryland has a strict rule called contributory negligence. This means that if you were even slightly at fault, you may not be able to recover money from the other driver.
After a crash, take photos, get contact and insurance information, and seek medical care as soon as possible. Report serious accidents to the police and notify your insurance company, but avoid admitting fault.
In most cases, you have three years to file a lawsuit. Claims against a government agency may have much shorter notice deadlines. You may be able to recover money for medical bills, lost wages, vehicle damage, and pain and suffering. Continue below for important deadlines, insurance requirements, and steps for filing a claim.
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Key Takeaways
- Maryland uses a strict “contributory negligence” rule. If you were even partly at fault for the crash, you may be unable to recover money from the other driver.
- Helpful evidence can include the police report, photos, video, witness statements, vehicle data, medical records, and repair estimates.
- After a crash, get medical care if needed, report the accident, exchange insurance and contact information, and avoid admitting fault or agreeing to a recorded statement without advice.
- You can file a claim with the at-fault driver’s insurance company. Your own PIP, collision, or uninsured/underinsured motorist coverage may also help pay certain losses.
- In most cases, you have three years to file a Maryland lawsuit for injuries or vehicle damage. Claims involving government agencies may have much shorter notice deadlines, often one year or less.
Maryland Car Accident Law: Key Rules
Maryland car accident law has strict rules that can affect whether you can recover money after a crash. To win a claim, you generally must show that the other driver was careless and caused your injuries or property damage.
Maryland car accident claims often depend on proving the other driver’s negligence caused your injuries or property damage.
Maryland uses a harsh rule called contributory negligence. If you were even slightly at fault for the accident, you may be unable to recover compensation.
In most cases, you have three years from the date of the accident to file an injury lawsuit, though some exceptions may apply. Maryland also requires drivers to carry liability insurance. Car accident claims are usually based on who caused the crash.
You may be able to seek compensation for medical bills, lost wages, vehicle damage, pain and suffering, and other losses allowed by law. Focus on evidence that shows who caused the accident and how the crash affected you.
Steps to Take After a Maryland Car Accident
After a Maryland car accident, focus on safety first. Call 911 if anyone is hurt, the vehicles are blocking traffic, or the crash creates a danger. Get medical care as soon as possible, even if you feel okay at first—some injuries take time to appear.
If it’s safe to do so, move your vehicle out of traffic and turn on your hazard lights. Don’t apologize or admit fault at the scene. Exchange names, phone numbers, insurance information, driver’s license details, and vehicle information with the other driver.
Take pictures of the vehicles, damage, road conditions, traffic signs, injuries, and anything else that may be important. If there were witnesses, ask for their names and contact information. Keep copies of medical bills, repair estimates, receipts, insurance letters, and records of any time missed from work.
Report the accident to your insurance company promptly. However, be careful about giving a recorded statement before you understand your rights.
When to Report a Crash to Police
Call 911 right away if a crash causes an injury or death, blocks traffic, involves a suspected drunk or impaired driver, creates a dangerous road condition, or causes major property damage.
In Maryland, you should also call the police if another driver leaves the scene, won’t give you their name or insurance information, or disagrees about what happened.
A police report can help document important details, such as what drivers and witnesses said, where the vehicles were, and road or weather conditions. Explain the crash clearly to the dispatcher and follow their instructions.
Even after a minor crash, reporting and documenting what happened can help if questions come up later. Keep the report number and request a copy of the report when it’s available.
Maryland’s Minimum Auto Insurance Coverage
Along with reporting a crash, you should know the minimum auto insurance Maryland requires. Every vehicle owner must have liability coverage of at least:
- $30,000 for injuries to one person
- $60,000 for injuries in one accident
- $15,000 for property damage
Maryland also requires uninsured/underinsured motorist coverage with the same minimum limits. You must also have personal injury protection (PIP) unless you properly waive it.
Keep proof of insurance with you and don’t let your coverage lapse. If you do, Maryland may suspend your vehicle registration and charge penalties. Review your policy’s declarations page to make sure your coverage meets these requirements.
How Insurance Pays After a Crash
Maryland uses a fault-based insurance system. That means the driver who caused the crash is usually responsible for paying for the harm they caused.
In Maryland, the driver who caused the crash is generally responsible for covering the resulting losses.
You can file a claim with the at-fault driver’s insurance company for things like car repairs, medical bills, lost wages, and other covered losses. The insurance company will investigate the crash, review your records, and may offer a settlement up to the driver’s policy limits.
Your own insurance may also help. For example, collision coverage may pay for vehicle repairs, and personal injury protection may help with certain medical expenses or lost income, depending on your policy.
Keep copies of all bills, repair estimates, medical records, and other documents. Send requested information promptly, and read any settlement release carefully before you accept payment.
Maryland Fault and Contributory Negligence
Maryland follows a strict contributory negligence rule. This means you may be unable to recover compensation if you were even slightly at fault for the crash.
To protect your claim, you must show that the other driver acted carelessly and caused your injuries. Helpful evidence may include the police report, witness statements, photos of the scene, vehicle damage, and traffic-camera footage.
Pure Contributory Negligence Rule
Maryland follows a pure contributory negligence rule. This means you may be unable to recover compensation if you were even slightly at fault for the crash, even when the other driver was mostly responsible.
If your actions helped cause the accident or your injuries in any way, the other side may argue that you should receive no damages. This rule can apply to both personal injury and property damage claims after a vehicle collision.
Do not assume that being partly at fault only reduces your compensation. In Maryland, it can prevent recovery altogether. Before filing a claim, understand how contributory negligence could affect your case.
Proving Driver Fault
Proving the Other Driver Was at Fault
Even a small amount of fault can affect your ability to recover compensation. You need clear evidence showing that the other driver caused the crash and that you acted reasonably.
Useful evidence may include:
- Police reports
- Photos of the crash scene and vehicle damage
- Witness statements
- Traffic or security camera footage
- Vehicle data, such as speed or braking records
- Medical records documenting your injuries
Your claim may show that the other driver broke a traffic law, was distracted, speeding, failed to yield, or otherwise drove carelessly. An attorney can help connect that conduct to the crash and your injuries using witness testimony and expert opinions.
Be careful about making statements that could be used to suggest you were partly at fault, such as saying you were distracted or driving too fast. Insurance companies may bring up unrelated issues to shift blame. The evidence should focus on what each driver did and what actually caused the crash.
How to Prove Fault After a Collision
Proving fault after a collision means showing what happened and why the other driver was responsible. The strongest evidence usually includes photos of the vehicle damage, the road, traffic lights or signs, skid marks, and any visible injuries.
Get the names and contact information of witnesses. Save copies of the police report, dashcam or security video, and any vehicle data that may show speeding, braking, or unsafe lane changes. Medical records can also help show that the crash caused your injuries.
Focus on the facts: what each driver was supposed to do, how the other driver failed to drive safely, how that caused the crash, and what harm resulted. Gathering and saving evidence quickly can make it easier to show the other driver was at fault.
Filing a Maryland Car Accident Claim
After a Maryland car accident, you may be able to seek payment from the at-fault driver’s insurance company. Report the crash to the insurer as soon as possible and keep copies of important records, including the police report, photos, medical bills, treatment records, and vehicle repair estimates.
Maryland follows a strict contributory negligence rule. This means you may be unable to recover compensation if the insurer can show you were even partly at fault. Be careful when speaking with insurance adjusters. Don’t admit fault, make a recorded statement, or accept a settlement offer without first understanding your rights.
You should also report the accident to your own insurance company, especially if the other driver doesn’t have enough insurance or has no insurance at all. Keep your communications focused on the accident and the facts. A car accident attorney can help you meet deadlines, respond to insurance requests, and negotiate for a fair settlement.
Compensation in Maryland Injury Claims
After a Maryland car accident, you may be able to recover money for medical bills, missed work, vehicle damage, and pain and suffering.
But Maryland follows a strict contributory negligence rule.
If you were even partly at fault for the crash, you may not be able to recover compensation.
Strong evidence can help show the other driver was at fault and support your claim.
Available Damages
Compensation in a Maryland car accident claim may cover the losses you suffered because of another person’s negligence. You can seek payment for financial losses and personal harm supported by medical records, pay stubs, expert reports, and other evidence. Maryland limits some noneconomic damages, such as pain and suffering, but it doesn’t cap proven financial losses.
You may be able to recover payment for:
- Medical bills, physical therapy, rehabilitation, and future medical care.
- Lost wages, reduced ability to earn income, and other work-related losses.
- Pain and suffering, emotional distress, and loss of enjoyment of life.
A lawyer can help calculate your damages and pursue fair compensation.
Contributory Negligence Rules
Maryland uses a strict contributory negligence rule. This means you may be unable to recover compensation if you’re found even slightly at fault for the accident or your injuries.
Unlike states that divide fault between the people involved, Maryland can deny your claim if the insurance company or other driver proves that your actions contributed to the crash. You’ll need strong evidence that the other driver caused the accident and that you acted carefully.
Helpful evidence may include police reports, witness statements, traffic-camera video, photos, and medical records. Insurance companies may try to shift blame onto you, even when their arguments are weak or unrelated to what happened.
Getting legal advice quickly can help you preserve evidence, respond to unfair accusations, and seek the compensation you may be owed.
Deadlines for Maryland Accident Lawsuits
After a Maryland car accident, it’s important to act quickly. Maryland law sets deadlines for filing a lawsuit. In most cases, you have three years from the date of the accident to file a claim for injuries or vehicle damage. If you miss the deadline, you may lose your right to recover compensation.
Maryland generally gives accident victims three years to file injury or vehicle-damage lawsuits. Missing the deadline can bar compensation.
- Claims against government agencies: You may need to give formal notice within one year.
- Wrongful death claims: These usually must be filed within three years.
- Children and legally disabled people: In some cases, they may have more time to file, but the rules can be complicated.
Do not wait too long to get legal advice. Keep records, save evidence, document your losses, and speak with an attorney as soon as possible to protect your claim.
Uninsured and Hit-and-Run Accident Rules
If an uninsured driver or a hit-and-run driver causes your accident, your uninsured motorist coverage may help pay for your losses.
Report a hit-and-run to the police as soon as possible and notify your insurance company right away.
You may be able to recover money for covered injuries, vehicle damage, and other losses, but you must follow your policy’s reporting rules and deadlines.
Uninsured Motorist Coverage
If the driver who caused the crash doesn’t have insurance—or drives away after a hit-and-run—your own uninsured motorist (UM) coverage may help pay for your injuries and vehicle damage.
In Maryland, insurance companies must offer UM coverage. Your policy limits and any exclusions determine how much coverage is available.
- UM coverage may help when the at-fault driver has no required insurance.
- It may also apply after a hit-and-run when the other driver can’t be identified.
- Your insurer may reduce what it pays based on money available from other sources.
Depending on your policy, UM coverage may help pay for medical bills, lost wages, pain and suffering, and vehicle damage. Check your declarations page for your UM limits, since those limits generally cap the amount you can recover.
Hit-and-Run Reporting Requirements
After a hit-and-run crash in Maryland, call 911 if anyone is hurt. If it’s safe, stay at the scene and report the crash to the police right away. Ask for the officer’s report number.
Write down the time, place, damage, witness contact information, and anything you remember about the other vehicle or driver. Take photos and videos if you can. Don’t chase the other driver or leave until police tell you it’s okay to go.
Tell your insurance company about the crash as soon as your policy requires. Bad weather may delay police, so save your photos, videos, and notes while the details are still fresh. Keep records of vehicle maintenance too, especially if someone may question the damage or road conditions later. Reporting the crash quickly and accurately can help protect your rights.
Pursuing Compensation After Crashes
Maryland insurance policies must include uninsured motorist coverage. This coverage may help if an uninsured driver causes a crash or if you’re hurt in a hit-and-run and the driver can’t be found.
After a crash, notify the police and your insurance company as soon as possible. Keep evidence and cooperate with any investigation. Depending on your policy limits, uninsured motorist coverage may help pay for medical expenses, lost wages, and pain and suffering.
- Report the crash right away and ask for a police report.
- Take photos of injuries and vehicle damage.
- Get names and contact information for witnesses.
- Look for nearby cameras or surveillance footage.
- Stay focused on your claim and avoid unnecessary delays.
In most cases, you must show that the uninsured or unknown driver caused your injuries and losses. A lawyer can help protect your rights and fight an unfair claim denial.
When to Contact a Maryland Car Accident Lawyer
Contact a Maryland car accident lawyer as soon as you can if you were injured, the other driver blames you, or an insurance company is pushing you to settle quickly.
Maryland follows a strict contributory negligence rule. This means you may be unable to recover compensation if you’re found even partly at fault. A lawyer can help protect your claim by gathering evidence, getting the police report, calculating your losses, and communicating with insurance companies.
Do not give a recorded statement or accept a settlement offer until you understand your legal rights. It’s especially important to speak with a lawyer quickly if the crash involved a commercial vehicle, an uninsured driver, serious injuries, or a death.
Frequently Asked Questions
Can I Recover Diminished Value After a Maryland Car Accident?
Yes. If another driver caused the crash, you may be able to recover diminished value—the drop in your car’s market value after an accident, even if it was fully repaired.
To support your claim, keep repair records, photos, estimates, and evidence of your vehicle’s value before and after the accident. The process can take time, depending on the insurance company, your evidence, and Maryland’s filing deadlines.
Are Dashcam Recordings Legal to Use in Maryland Accident Cases?
Yes, dashcam recordings can generally be used in Maryland accident cases. To be useful in court, the video should be relevant, authentic, and recorded legally. Maryland privacy and wiretap laws may also matter, especially if the recording includes audio.
How Do Maryland Car Accident Settlements Affect My Taxes?
Most car accident injury settlements in Maryland are not taxable. However, money for lost wages, punitive damages, or interest may be taxed. Before accepting a settlement, talk with a tax professional about how the payment could affect your taxes and whether timing matters.
Can I Choose My Own Repair Shop After a Collision?
You can usually choose your own repair shop after a collision, even if your insurance company recommends one.
Before you choose, check what your policy covers and get one or more repair estimates. Read any repair authorization carefully before signing it, especially if it gives the shop the right to deal with the insurance company or collect payment on your behalf.
What Happens if an Accident Involves a Rental Car?
If you are in an accident with a rental car, coverage may come from your own insurance, the rental company’s insurance, or the other driver’s insurance. Take photos, report the damage, contact the rental company and your insurer right away, and do not admit fault until the accident is investigated.
Conclusion
After a Maryland car accident, act quickly to protect your rights. Take photos, get witness information, report the crash if required, and keep records of your injuries and expenses.
Maryland follows a strict rule called contributory negligence. If you are found even partly at fault for the accident, you may not be able to recover money for your losses. That makes the details of the crash especially important.
Insurance companies may try to pay less than your claim is worth. A Maryland car accident lawyer can help you understand your options and make sure you do not miss important deadlines.
