Car accident claims: what to do next in Maryland

Who pays: the driver at fault

In Maryland, a driver who causes a crash can be held responsible for the losses. If a driver is at fault for a crash, their bodily injury coverage pays the medical bills, lost wages and pain and suffering they are legally responsible for. It pays up to the policy limits. There is no injury test you must pass before you claim against that driver.

Your own PIP coverage

Maryland policies must include personal injury protection, or PIP, unless the main policyholder turns it down in writing. PIP pays no matter who caused the crash. The coverage must be at least $2,500. Within that limit, it pays medical costs from the first 3 years after the crash, 85 percent of lost income and some help at home.

Source: Maryland Code, Insurance § 19-505: Personal injury protection · as of Oct 5, 2026

Some people who buy only the lowest required coverage can reject PIP completely. So check your own policy to see if you have it.

How fault is shared

Maryland uses contributory negligence (a rule that bars your claim if your own carelessness helped cause your injury). The state's top court kept this rule in a 2013 case called Coleman. It said the change should come from lawmakers.

There are exceptions. Under last clear chance, you may still recover if the other driver had the last chance to avoid the harm. A child under 5 is not barred by this rule. In 2026, a bill to change the rule for some crashes was sent for more study, so it is not law.

Coverage drivers must carry

Maryland policies must cover at least $30,000 per person and $60,000 per crash for injuries you cause, plus $15,000 for property damage. Uninsured motorist coverage must be at least those same amounts. It helps when the other driver has no insurance.

Source: Maryland Code, Transportation § 17-103: Required insurance · as of Oct 5, 2026

Unless you waive it, your uninsured motorist coverage must equal your own liability limits. New policies since July 1, 2024 also include enhanced underinsured motorist coverage unless you waive it. That coverage helps when the other driver has too little insurance.

Reporting the crash

After a crash with an injury or death, drivers must stop and stay at the scene. They must help anyone who is hurt and share their name, address and plate number. If no officer is there and no one can take the details, report the crash right away to the nearest police office. If you hit a parked car and cannot find the owner, leave a written note.

If anyone is hurt or killed, each driver must send a written report to the MVA within 15 days, with proof of insurance. This is not needed if a police officer looked into the crash and filed a report. In some counties and Baltimore City, police may not write reports for crashes with no injuries and little damage.

If the Maryland State Police handled the crash, you can ask them for a copy of the report. They say to wait at least 10 days after the crash so it can be processed.

Deadlines

Most Maryland injury lawsuits must be filed within 3 years from the date the claim arises. A claim for a death must be filed within 3 years after the death. Maryland law also limits money for pain and suffering, and that limit rises each year.

Maryland's strict fault rule makes the details of a crash matter, and exceptions can apply to any deadline. People's Justice is not a law firm. We do not review your crash or recommend a lawyer. If you want, you can use the form on this page to ask to be connected with a law firm that pays us to advertise.