Injury · Maryland
the short answer
You have three years from the day of the crash to file, and no amount of talking to an insurer extends it. If any of the blame lands on you, that is the end of it — Maryland still bars the claim of a driver who was even slightly at fault. The money comes from the other driver's liability insurer, and no injury threshold stands in the way.
source ↗Not yet checked against the statute.
governing statute
Md. Cts. & Jud. Proc. § 5-101
source ↗Not yet checked against the statute.
who pays first
Maryland is an at-fault state, so there is no injury threshold to clear before you can sue: the claim is against the driver who caused the crash and their liability insurer, and the medical bills, the lost earnings and the pain and suffering all come from there. Liability cover is compulsory for every driver here. (Md. Ins. § 19-505)
source ↗Not yet checked against the statute.
Across the country. 38 of the 51 states written up answer this the same way as Maryland. Compare every state →
your share of the fault
Any share of the blame at all ends the claim. One percent at fault and you recover nothing — Maryland is one of five jurisdictions in the country that still applies contributory negligence, and it is the hardest single fact about an injury claim here. (Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013))
source ↗Not yet checked against the statute.
Across the country. 5 of the 51 states written up answer this the same way as Maryland. Compare every state →
limit
3 years
source ↗Not yet checked against the statute.
Across the country. 18 of the 51 states written up answer this the same way as Maryland. The shortest is 1 year, as in Tennessee; the longest is 6 years, as in Maine. Compare every state →
which court
District Court
source ↗Not yet checked against the statute.
small claims limit
$5,000
source ↗Not yet checked against the statute.
also
Maryland's highest court was asked to abolish this rule in 2013 and refused, leaving the change to the legislature. It has not come. A driver found one percent at fault in Maryland recovers nothing.
source ↗Not yet checked against the statute.
your situation
Everything above is the law as it reaches everyone in Maryland. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.
This is legal information, not legal advice. Written by an AI model, which can be wrong. Not a lawyer, and not a prediction about your case. Terms · Privacy
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