Maryland Car Accident Claims

What kinds of Maryland car crash claims do we handle?

We represent drivers, passengers, and families after collisions on Maryland roads: rear-end crashes in commuter traffic, left-turn and red-light intersection collisions, lane-change sideswipes, hit-and-runs, and crashes caused by drivers on their phones. We also handle crashes with delivery vans, commercial trucks, and county or State vehicles, which follow their own notice rules.

The injuries range from fractures and spinal injuries to concussions that never show up on a scan. Some of our clients were passengers who did nothing wrong. Others were drivers who will be accused of causing the crash no matter what the evidence shows. In both situations, the same Maryland rules decide what the claim is worth and who pays it.

How does contributory negligence affect a Maryland car accident claim?

In Maryland, an injured person whose own negligence contributed to the crash in any degree is generally barred from recovering from the other driver, and the Supreme Court of Maryland has refused to replace that rule with comparative fault (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013)). In Coleman, the jury found the defendant negligent and found that its negligence caused the injury, yet the plaintiff recovered nothing because the jury also found him negligent.

That is why the insurer's first move in a Maryland crash case is to look for something you did wrong: a few miles over the limit, a late brake, a glance at a navigation screen, a lane position it calls improper. The adjuster does not have to prove you caused the crash, only that your conduct contributed to it. We answer that by building the fault case early, before the other driver's version of events settles into the police report and the recorded statements.

Maryland also recognizes last clear chance, which can still allow recovery when the other driver had a fresh opportunity to avoid the crash after your mistake and failed to take it (Wooldridge v. Price, 184 Md. App. 451 (2009)). Courts apply it narrowly, and it does not help when both drivers' errors happen at the same moment, so it is a backstop rather than a plan. Our guide chapter on contributory negligence explains both rules in plain terms.

What does Maryland PIP pay after a car accident?

Unless it was waived in writing, every Maryland auto policy includes personal injury protection (PIP) of at least $2,500 for medical, hospital, and funeral expenses incurred within three years of the crash, 85% of income lost within that period, and payment for essential household services an injured non-earner can no longer perform (Md. Code, Ins. § 19-505(b)).

PIP is payable without regard to fault (Md. Code, Ins. § 19-507(a)), so it is available while the other driver's insurer is still arguing about who caused the crash. The insurer that pays your PIP has no right of subrogation against the at-fault driver (§ 19-507(d)), and it may not raise your premium because of a PIP claim (§ 19-507(c)). Many policies carry far more than the $2,500 minimum, so we read your declarations page rather than assuming.

Two traps catch people. The first is the waiver: only the first named insured can waive PIP, the waiver must be an affirmative written waiver on the form the Insurance Commissioner requires, and it binds the named insureds, listed drivers, and household family members 16 and older (Md. Code, Ins. § 19-506). The second is timing: a policy may set a deadline for the original PIP claim that cannot be shorter than 12 months after the crash, and once the insurer has satisfactory proof it must pay within 30 days, with overdue payments bearing interest at 1.5% per month (Md. Code, Ins. § 19-508).

What if the at-fault driver has little or no insurance?

Maryland requires bodily injury liability coverage of only $30,000 per person and $60,000 per accident (Md. Code, Transp. § 17-103(b)), which is often a fraction of what a serious injury is worth. When the at-fault policy is too small, your own uninsured/underinsured motorist coverage is usually the next source of money, and Maryland's procedure for accepting the at-fault insurer's offer must be followed exactly. Our page on Maryland uninsured and underinsured motorist claims covers that procedure.

If the driver fled or cannot be identified, or was uninsured and you have no UM coverage of your own, a claim may lie against the Maryland Automobile Insurance Fund (MAIF). Notice of that claim generally must be filed with the Fund within 180 days after the accident (Md. Code, Ins. § 20-603(a)).

How do insurers defend Maryland crash claims, and how do we answer?

• "You were partly at fault." We rebuild the sequence from physical evidence: vehicle damage, resting positions, signal timing, business and bus camera video, and independent witnesses. The fault question should be answered by evidence, not by the adjuster's theory.
• "It was a minor impact." Light property damage does not mean light injury. We connect the injury to the crash through your treating physicians, imaging where it exists, and the change in your daily life before and after.
• "There was a gap in treatment." Insurers treat any pause in care as proof you healed. We document why care paused, such as cost, work, child care, or a denied authorization, and we use PIP to keep early care paid.
• "Your condition was preexisting." Making an old back or neck problem worse is still an injury caused by the crash. We prove the change with your prior records instead of hiding them.
• "We need a recorded statement." Statements to the other driver's insurer are where contributory negligence defenses are born. We handle that communication for you.

Does Maryland cap damages in car accident cases?

Maryland caps noneconomic damages, such as pain, suffering, and physical impairment, at $980,000 for personal injury causes of action arising from October 1, 2026 to September 30, 2027 (Md. Code, Cts. & Jud. Proc. § 11-108(b)(2)). The limit started at $500,000 for causes of action arising on or after October 1, 1994 and rises by $15,000 every October 1; it was $965,000 for the year that ended September 30, 2026.

The cap applies to each direct victim and to everyone who claims injury through that victim, so a spouse's loss of consortium claim shares the injured person's cap (§ 11-108(b)(3)(i)). The jury is not told about the cap, and if its award is higher, the judge reduces it (§ 11-108(d)). The statute limits only noneconomic damages. Medical expenses, lost wages, and lost earning capacity are recovered in full when proven, which is why we document them carefully from day one.

How long do you have to file a Maryland car accident lawsuit?

In Maryland, you generally have three years from the date of the crash to file a lawsuit (Md. Code, Cts. & Jud. Proc. § 5-101). Three years sounds generous, but the evidence that wins contributory negligence fights, such as camera footage and witness memory, can disappear within days.

Shorter deadlines apply when a government vehicle is involved. A claim against a Maryland county or city generally requires written notice within one year of the injury (Md. Code, Cts. & Jud. Proc. § 5-304), and a claim against the State generally requires a written claim to the State Treasurer within one year (Md. Code, State Gov't § 12-106). Our page on injury claims against Maryland governments explains who must receive notice.

Evidence checklist for a Maryland car accident claim

• The police report number and the agency that wrote it (Maryland State Police, a county police department, or a municipal force)
• Photos of every vehicle, the scene, debris, and your visible injuries
• Names and phone numbers of witnesses, including drivers who stopped to help
• Locations of cameras that may have recorded the crash: storefronts, doorbell cameras, buses, and traffic signals
• Your own policy declarations page, to confirm PIP and UM/UIM limits and any waiver
• Every medical record and bill, starting with the ambulance or urgent care visit
• Pay stubs or tax returns, and a note from your employer about missed time
• A short journal of pain, sleep, missed events, and tasks you could not do

Where are Maryland car accident cases heard?

Our Maryland crash cases most often come from Montgomery and Prince George's Counties, where suits are filed in the Circuit Court for Montgomery County in Rockville or the Circuit Court for Prince George's County in Upper Marlboro. Firm founders Ryan Posey and Jacob Lebowitz are both admitted in Maryland and appear in Maryland courts.

Read more about how we handle cases in Montgomery County and Prince George's County, start with our overview of Maryland personal injury law, or compare the rules across the region on our D.C., Maryland, and Virginia car and truck accident page.

Related reading

• Maryland PIP: the no-fault coverage most crash victims forget
• Maryland's contributory negligence rule survives: what the Coleman decision held
• The Maryland statute of limitations guide
• Texting and driving in Maryland: Jake's Law and the handheld ban
• Liens on your Maryland settlement from health insurers and Medicare
• DMV Injury Guide: contributory negligence, the rule that decides most DMV cases
• DMV Injury Guide: using your own insurance, including PIP and UM/UIM

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.