Maryland · Injury claimsCar accident injury claims in Maryland
Maryland is a no-fault state, so the path your injury claim takes — who pays first, when you can pursue the other driver, and how long you have — works differently than you might expect. Here are the rules that shape an injury claim in Maryland.
Maryland at a glance
- Fault rule
- Contributory negligence (any fault can bar recovery)
- No-fault state?
- Yes
- PIP / no-fault coverage
- $2,500 default (waivable per § 19-506)
- Minimum liability coverage
- 30/60/15 (BI $30K/person, $60K/accident; PD $15K/accident) per Md. Transp. § 17-103. PIP $2,500 default (§ 19-505, waivable). UM/UIM at liability limits per § 19-509 unless reduced per § 19-510. PD floor of $15K is among the lowest in the U.S. — meaningful tortfeasor under-coverage exposure.
- Time limit for an injury claim
- 3 years
One of the few states where being even slightly at fault can bar your recovery entirely.
Your own PIP coverage pays for injuries first, regardless of who caused the crash.
Generally measured from the date of the accident.
How fault works in Maryland
MD follows pure contributory negligence — any % plaintiff fault that proximately causes the injury bars all third-party recovery. Reaffirmed in Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013) by a 5-2 vote (declining comparative fault, deferring to the General Assembly). Exceptions: last-clear-chance (4-factor), gross negligence / willful-wanton. MD also retains assumption of risk as a DISTINCT overlapping affirmative defense (knowledge of danger + voluntary encounter). MD is the 3rd of 5 contributory jurisdictions (AL/MD/NC/VA/DC); A61 cross-state hard intake gate fires.
Paying for injuries in Maryland
MD is a HYBRID no-fault state. Md. Ins. § 19-505 mandates a PIP offer (default $2,500: medical/hospital/disability/funeral within 3 years, 85% of income lost within 3 years, family-care/household-services reimbursement; covers named insureds, household family, authorized users, passengers, guests, pedestrians). § 19-506 governs the written waiver (10-point boldface; insurer may not refuse to underwrite for refusing to waive; binds named insureds, listed drivers, household family ≥16). PIP does NOT bar tort recovery — no verbal/monetary threshold (unlike NY/FL/MI).
How Moe handles injury claims in Maryland
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Maryland’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Maryland injury claims — common questions
- Is Maryland a no-fault state?
- Yes. Maryland is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash.
- What is Maryland's fault rule for a car accident?
- Maryland follows contributory negligence (any fault can bar recovery). One of the few states where being even slightly at fault can bar your recovery entirely.
- How long do I have to file an injury claim in Maryland?
- In Maryland the statute of limitations for a personal-injury claim is generally 3 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Maryland’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.