Maryland filing deadlines
| Claim | Deadline |
|---|---|
| Personal injury lawsuit | 3 years |
| Vehicle and property damage | 3 years |
| Wrongful death | 3 years |
| Notice of a claim against a government | 1 year: written notice to local government within 1 year after injury (Cts. & Jud. Proc. sec. 5-304(b)); claims against the State: written claim to the State Treasurer within 1 year (State Gov't sec. 12-106(b)), suit within 3 years |
Wrongful death: 'an action under this subtitle shall be filed within three years after the death of the injured person' (sec. 3-904(g)(1)); longer rules for occupational disease deaths. Maryland applies a discovery rule to accrual by case law. Local government notice: 'within 1 year after the injury' (sec. 5-304(b)(1)); court may excuse for good cause absent prejudice.
If you were partly at fault
Maryland follows contributory negligence. If you were even slightly at fault, you can be barred from recovering anything, subject to narrow exceptions such as last clear chance.
- With $100,000 in damages and 30% of the fault, you would recover $0.
- With 55% of the fault, you would recover $0, because the rule bars your claim.
Maryland retains pure contributory negligence by court decision (no statute): any negligence of the plaintiff that contributes to the injury bars recovery, subject to doctrines such as last clear chance. Opinion is on the Maryland Judiciary website. No statute adopting comparative fault was found as of November 2026.
Source: Common law; Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013). Compare all states in the comparative negligence table.
At-fault (tort) state
In Maryland the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Maryland also requires personal injury protection ($2,500), which pays your own medical bills quickly, but it does not limit your right to sue.
Add-on state: PIP required unless waived under Ins. Sec. 19-506; tort rights unchanged.
Minimum car insurance in Maryland
$30,000 per person and $60,000 per accident for injuries, $15,000 for property damage. Uninsured motorist coverage is required.
Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. Ins. Sec. 19-509(e): UM coverage shall at least equal the Title 17 Transportation Article amounts for bodily injury and property damage.
Damage caps
Maryland caps noneconomic damages: Cap applies to all personal injury and wrongful death actions: $500,000 for causes of action arising on or after Oct 1, 1994, increasing $15,000 every Oct 1 ($965,000 for causes arising Oct 1, 2025 to Sep 30, 2026; $980,000 from Oct 1, 2026). Wrongful death with 2+ beneficiaries: 150% of the cap.
Medical malpractice has a separate cap (Sec. 3-2A-09).
Dog bite law
Mixed rule. Owner is strictly liable for injury caused while the dog is running at large, except to trespassers/persons committing crimes or teasing, tormenting, abusing or provoking the dog (sec. 3-1901(c)). Non-owners (e.g., landlords) remain under common law.
Source: Md. Code, Cts. & Jud. Proc. sec. 3-1901. Estimate a claim with the dog bite calculator.
Frequently asked questions
How long do I have to file a car accident claim in Maryland?
3 years from the accident for an injury lawsuit and 3 years for vehicle damage (Md. Code, Cts. & Jud. Proc. sec. 5-101 (general 3 years); sec. 3-904(g)(1) (wrongful death); sec. 5-304 (Local Government Tort Claims Act notice); State Gov't sec. 12-106 (Maryland Tort Claims Act)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.
Is Maryland a no-fault state?
No. Maryland is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage. Maryland does require personal injury protection (PIP) coverage of $2,500, but you can still sue the at-fault driver.
What happens if I was partly at fault in Maryland?
Maryland follows contributory negligence (Common law; Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)). If you were even slightly at fault, you can be barred from recovering anything, subject to narrow exceptions such as last clear chance.
What is the minimum car insurance in Maryland?
$30,000 per person and $60,000 per accident for injuries, $15,000 for property damage (30/60/15). Uninsured motorist coverage is also required.
Does Maryland cap pain and suffering damages?
Yes: Cap applies to all personal injury and wrongful death actions: $500,000 for causes of action arising on or after Oct 1, 1994, increasing $15,000 every Oct 1 ($965,000 for causes arising Oct 1, 2025 to Sep 30, 2026; $980,000 from Oct 1, 2026). Wrongful death with 2+ beneficiaries: 150% of the cap.
Sources
Checked against official Maryland sources November 5, 2026.
- Maryland statute of limitations: Md. Code, Cts. & Jud. Proc. sec. 5-101 (general 3 years); sec. 3-904(g)(1) (wrongful death); sec. 5-304 (Local Government Tort Claims Act notice); State Gov't sec. 12-106 (Maryland Tort Claims Act)
- Maryland comparative fault: Common law; Coleman v. Soccer Ass'n of Columbia, 432 Md. 679, 69 A.3d 1149 (2013)
- Maryland insurance system: Md. Code, Ins. Sec. 19-505
- Maryland minimum liability insurance: Md. Code, Transp. Sec. 17-103(b); Ins. Sec. 19-509
- Maryland damage caps: Md. Code, Cts. and Jud. Proc. Sec. 11-108(b)
- Maryland dog bite liability: Md. Code, Cts. & Jud. Proc. sec. 3-1901