By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed December 05, 2024
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Maryland car accident laws are a mixture of simple and complicated. Drivers can file car accident claims against other drivers, but if they are even slightly at fault, they may not recover any damages. Maryland gives accident victims three years to file personal injury cases.
Because of these confusing laws, filing a personal injury lawsuit in the state of Maryland requires legal representation and an understanding of the car accident compensation laws.
Maryland uses an at-fault system for insurance claims. The at-fault driver's insurance company pays all claims filed in an auto accident. For a successful claim, the claimant must show the other driver was at fault or negligent in causing the accident.
Proving fault in Maryland car accident cases is essential because Maryland follows the contributory negligence rule. This common law rule says that if a driver is partially responsible for their injuries, they can't recover in a personal injury claim. Maryland is one of five other states and jurisdictions (Alabama, North Carolina, Virginia, and the District of Columbia are the others) that follow this harsh rule.
Drivers can file a claim with their own auto insurance. All Maryland drivers must carry minimum liability insurance coverage to protect against legal action. Insurance companies must also offer personal injury protection (PIP) coverage. PIP coverage pays out immediately without waiting for proof of the other driver's fault.
PIP coverage is generally less than liability coverage and may have tighter time restrictions. You may get benefits sooner. Car insurance requirements for the at-fault party in Maryland include:
UM/UIM coverage protects you if the at-fault driver does not have car insurance for a tort claim. It can be a good idea in an at-fault state like PIP coverage.
You can recover two basic types of damages following a car accident. Economic damages reimburse you for car accident injuries and property damage. Non-economic damages pay for less tangible injuries like pain and suffering or disability and disfigurement.
The most common types of damage awards include:
Maryland Code § 11-108 limits non-economic damages. The law adjusts the cap annually; as of 2024, the total payout is $935,000. Maryland does not have a cap on economic or punitive damages.
The statute of limitations begins on the accident date and runs for three years. An exception exists for drivers under 18 at the time of the crash. They may file until their 21st birthday.
The time limits and harsh negligence laws in Maryland make legal advice necessary if you are pursuing a car accident claim. To protect your rights and get fair compensation, contact an experienced Maryland car accident attorney about your case immediately.
Contact a qualified attorney.
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