By Serdar Arslan, editor · Last reviewed · How we research
In Maryland, a driver who is even slightly at fault can lose the whole claim. The state's highest court kept contributory negligence in Coleman v. Soccer Ass'n of Columbia in 2013, leaving only narrow exceptions such as the last clear chance doctrine. Pain and suffering is capped too: the limit rises by $15,000 every October 1 and reaches $980,000 for claims arising between October 1, 2026 and September 30, 2027.
On the other hand, Maryland allows 3 years to sue for injuries, vehicle damage or wrongful death, and the clock generally does not start for a minor until age 18. Government claims move faster: written notice to a local government is generally due within 1 year, and claims against the State must go to the State Treasurer within 1 year. Policies must include $2,500 in PIP and uninsured motorist coverage, with liability minimums of 30/60/15. If police did not report an injury crash, each driver must file with the MVA within 15 days.
Key rules at a glance
| Personal injury filing deadline | Generally 3 years from the date the claim accrues, which for most crashes is the accident date. For a minor, the clock generally does not start until age 18. |
|---|---|
| Property damage deadline | Generally 3 years under Maryland's general civil-action deadline |
| Wrongful death deadline | Generally 3 years from the date of death |
| Claims against a government entity | For a claim against a county, city or other local government, you generally must give written notice within 1 year after the injury (Local Government Tort Claims Act). For a claim against the State, you generally must submit a written claim to the State Treasurer within 1 year, and the Treasurer must deny it before you sue; suit is due within 3 years. Courts may excuse late notice for good cause in some cases. |
| Fault rule | Contributory negligence: If you are found even slightly at fault for the crash, you are generally barred from recovering anything from the other driver. Narrow exceptions (such as the last clear chance doctrine) may apply. |
| Insurance system | At-fault (tort) · Policies must include Personal Injury Protection of $2,500 for medical, hospital and disability expenses. You may choose full PIP or limited PIP; limited PIP excludes you and family members age 16 and over. PIP is paid regardless of fault, but Maryland remains an at-fault state. |
| Minimum liability insurance | $30,000 per person / $60,000 per accident bodily injury; $15,000 property damage |
| Uninsured motorist coverage | Required |
| Damage caps | Noneconomic damages (such as pain and suffering) are capped. The cap was $500,000 for claims arising on or after Oct 1, 1994 and rises by $15,000 every October 1. By that formula, it is $980,000 for claims arising Oct 1, 2026 to Sept 30, 2027. In wrongful death cases with two or more beneficiaries, the total is limited to 150% of the cap (Md. Code, Cts. & Jud. Proc. § 11-108). Economic damages like medical bills and lost wages are not capped. |
| Reporting a crash | If a crash causes injury or death and no police officer investigated and filed a report, each driver must file a written report with the Motor Vehicle Administration within 15 days, along with proof of liability insurance. Source: Md. Code, Transp. § 20-107 |
Getting your crash report in Maryland
For Maryland State Police crashes, wait at least 10 days, then submit the request form (online form, email, mail or in person at Central Records or the barracks) and pay a $4 search fee by check or money order. For Baltimore City crashes, contact the Baltimore Police Department Central Records Division. For other local police crashes, ask that agency. Official request page
Checking a Maryland lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Maryland Judiciary – Attorney Search
- Lawyer referral: Maryland People's Law Library – finding a lawyer through a bar association referral service
578 people died in motor vehicle crashes in Maryland in 2024, according to FHWA Highway Statistics Table FI-20 (NHTSA FARS data).
Frequently asked questions
›Can being 1% at fault really end my Maryland claim?
Generally yes. Maryland follows contributory negligence, so being found even slightly at fault usually bars recovery from the other driver (Coleman v. Soccer Ass'n of Columbia (Md. 2013)). Narrow exceptions, such as the last clear chance doctrine, may apply.
›What is Maryland's noneconomic damages cap for a 2026 crash?
For claims arising October 1, 2026 to September 30, 2027, the cap is $980,000 by the statutory formula, which adds $15,000 every October 1 (Md. Code, Cts. & Jud. Proc. § 11-108). In wrongful death cases with two or more beneficiaries, the total is limited to 150% of the cap. Medical bills and lost wages are not capped.
›How long do I have to file suit, and does it differ for children?
Generally 3 years from the crash for injury and property damage (Md. Code, Cts. & Jud. Proc. § 5-101), and 3 years from the date of death for wrongful death (§ 3-904(g)(1)). For a minor, the clock generally does not start until age 18 (§ 5-201).
›What is the difference between full and limited PIP?
Maryland policies must include $2,500 in Personal Injury Protection for medical, hospital and disability expenses. Limited PIP excludes you and family members age 16 and over, while full PIP covers them. PIP is paid regardless of fault, but Maryland remains an at-fault state.
›Do I have to report an injury crash to the MVA myself?
Only if no police officer investigated and filed a report. In that case, each driver must file a written report with the Motor Vehicle Administration within 15 days, along with proof of liability insurance (Md. Code, Transp. § 20-107).
Sources
- Md. Code, Cts. & Jud. Proc. § 3-904 – Wrongful death (mgaleg.maryland.gov)
- Md. Code, Cts. & Jud. Proc. § 5-304 – Local Government Tort Claims notice (mgaleg.maryland.gov)
- Md. Code, State Gov't § 12-106 – Maryland Tort Claims Act claims (mgaleg.maryland.gov)
- Md. Code, Cts. & Jud. Proc. § 11-108 – Noneconomic damages cap (mgaleg.maryland.gov)
- Md. Code, Transp. § 20-107 – Written crash reports (mgaleg.maryland.gov)
- Coleman v. Soccer Association of Columbia (Md. 2013) – opinion (mdcourts.gov)
- Maryland MVA – Insurance requirements (ICD-004)
- Maryland State Police – Request Police Reports
- FHWA Highway Statistics 2024, Table FI-20 (FARS)
- Maryland Judiciary – Attorney Search
- Md. Code, Courts & Judicial Proceedings § 5-101 (Maryland General Assembly)