In the world of car accident insurance and personal injury law, states are generally divided into two (2) categories: “no-fault” and “at-fault.” Maryland is known as an at-fault state that follows the doctrine of contributory negligence.

The PIP Option

Coverage for PIP Insurance


While Maryland is an at-fault state and is not governed by a no-fault state law, you do have the option of buying no-fault PIP insurance from your insurance company, who must offer it to you in Maryland.

PIP insurance covers your medical treatment and other medical professional costs, including lost wages and medical bills.

So, filing Maryland car accident claims is sometimes flexible when pursuing compensation under Maryland car accident laws. The Maryland no-fault state PIP option makes this type of insurance coverage an important and cost-effective form of insurance protection in an otherwise strict contributory negligence state.

Filing a Report with the Police

Fault is often determined by a key document – namely, the police report. However, you don’t need to get the police involved if the accident only results in property damage.

Nevertheless, it never hurts to file a report with the police in an at-fault state like Maryland. That’s because an injury may emerge later and you’ll find it necessary to file a car accident claim.

This document helps you receive the money you’re owed from the other driver’s insurance company – provided the other driver’s insurance company is considered totally responsible and you wish to seek compensation.

Why You Need to Get Legal Help

Under Maryland law, a serious personal injury lawsuit or car accident case is not always cut-and-dried, especially if you seek monetary relief for financial compensation by an at-fault party.

Getting help from a car accident lawyer for a personal injury case ensures that you’ll receive fair financial compensation from an at-fault party who is responsible for your injuries.

Understanding “No-Fault” and “At-Fault” States

Drivers obligation in an at fault state

In “no-fault” states, your insurance pays for your damages, no matter who caused the accident. This means that after a car crash, you don’t have to prove that the other driver was at fault to get your costs covered by car insurance. “No fault” car insurance also typically speeds up claims because it reduces the time taken to determine fault.

In contrast, “at-fault” states require the driver who caused the accident to pay for the damages. Therefore, car accident lawyers must show that car accident victims in a Maryland car accident case were not to blame under Maryland’s contributory negligence laws.

Insurance adjusters must be convinced in car accident cases that an auto accident can be attributed to one responsible party or the other driver’s insurance company.

That’s why filing a report with the police is an important part of the present evidence – particularly when maximum financial compensation for medical costs for sustained injuries are measured and you’re considering the at-fault party yourself.

Maryland’s determining factors in finding fault make case reviews for car accident claims sometimes a long if not grueling process under the state’s contributory negligence rule.

Again, it’s always a good idea to contact a personal injury lawyer in a fault state like Maryland. Even if you think you may be partly to blame, getting their advice can help you recover compensation that better meets your medical bills and related financial expenses.

Through some law offices and attorneys, car accident victims can receive a free consultation and free case evaluation if they seek compensation for their medical expenses, bills, and other damages from car accidents, whether through their insurance company or from the other party/parties.

Maryland is Considered an At-Fault State for Insurance Company Purposes

Again, Maryland is an “at-fault” state, which means those who admit fault or who caused the accident are the responsible party and must compensate the accident victims accordingly. A police officer at the accident scene can investigate any breached traffic laws while parties of the vehicles involved exchange insurance information.

Reports by the police, as stated, help ensure that the driver who caused the accident is held responsible for the damages.

What Makes Maryland’s Contributory Fault (Negligence) Law Different?

At-fault state of Maryland



Maryland’s contributory fault(negligence) law is unique. In many states, if you’re partly to blame for an accident, you can still get some compensation. But not in Maryland. If you’re even 1% at fault, you cannot win damages from the other party.

What You Need to Know When Filing a Claim in Maryland

To file a claim in Maryland, understanding its “at-fault” and contributory negligence laws is important.

Gathering strong evidence is key. This includes collecting photos from the car accident victim’s scene, witness statements, and police reports.

Also, right after an accident, act fast to strengthen your claim. First, check if everyone is safe. Then document everything at the scene. Get medical help even if you feel okay. Sometimes, injuries emerge after the adrenaline rush.

Here are quick tips:

  • Document the scene and injuries.
  • Collect contact info from witnesses.
  • Report the accident to the police.
  • See a doctor immediately.
  • Contact a Maryland or D.C. Attorney, quickly for a free consultation or free case evaluation as time is always of the essence in automobile accidents of every kind.

Maryland Insurance Requirements

Maryland Insurance Requirements

In Maryland, all drivers must meet specific insurance requirements:

  • Liability Coverage: Protects you if you’re at fault in an accident. You need at least $30,000 for bodily injury per person, $60,000 per accident, and $15,000 for property damage.
  • Personal Injury Protection (PIP): Optional no-fault state insurance for drivers over 21. It pays for medical expenses and lost wages, no matter who is at fault. While you can’t consider Maryland a no-fault state, this added coverage does help speed up the claims process so you can collect compensation relatively fast. You don’t have to prove fault. You only need to file the claim.
  • Uninsured Motorist (UM) Coverage: It covers you if the other driver has no insurance coverage. The limits of such coverage must equal the policy’s liability coverage limit unless you elect to carry UM limits for less than your liability limits.
  • Underinsured Motorist (UIM) Coverage: This is part of your uninsured motorist (UM) insurance policy. It helps if the at-fault driver’s insurance can’t quite cover your costs.

These requirements ensure that all drivers have protection in case of a vehicle accident. Maryland requires that you carry proof of insurance when driving as well.

How Is Fault Determined in a Maryland Car Insurance Accident Cases?

Maryland Contributory Negligence

In Maryland, figuring out who is at fault in a car insurance accident case involves scrutinizing the evidence. This includes reviewing photos from the scene, witness statements, and reporting by the police.

Again, Maryland follows a rule called “contributory negligence.” If you’re even 1% at fault, you might not get compensation. This makes determining fault very important.

A skilled attorney from an injury law firm often helps in this process. They gather evidence and argue on your behalf. This can include anything from using traffic camera footage to highlighting expert witness statements. The goal is to show that another party was fully responsible for your car accident in Maryland.

Who Is At Fault in a Rear-End Collision in Maryland?

In Maryland, figuring out who is at fault in a rear-end collision usually points to the driver in the back. This is because all drivers are expected to keep a safe distance from the car in front of them.

If they hit the car ahead, it often means they were driving too close or driving too fast. However, there are exceptions. Sometimes, the front driver might suddenly stop, or their brake lights might not work.

Legal Procedures and Limitations

It’s helpful to familiarize yourself with Maryland’s legal procedures and limitations when filing a car accident claim. Knowing the time limit for filing and understanding more about damages are good places to start.

What Is the Statute of Limitations for Car Accidents in MD?

Maryland Statute of Limitations

In Maryland, the statute of limitations for car accidents is three (3) years from the date of the crash. The only exception is if the victim of the car crash was a minor. They have until their twenty-first birthday to file a claim against the at-fault driver.

What Damages Can I Recover After Proving Negligence?

When you prove someone else’s negligence caused your accident, you can recover various damages. In Maryland, determining damages typically includes medical expenses, lost wages, pain and suffering, and property damage.

Contact the Law Offices of Alex Poberesky, P.A.

Don’t go through a personal injury claim alone. In Maryland and the District of Columbia, you can rely on the Law Offices of Alex Poberesky, P.A. for a free consultation to resolve your personal injury legal matters now for maximum compensation, personal injury protection, and financial relief.