At-Fault (Tort)MD

Insurance Claim Rights in Maryland

Maryland is one of the few remaining contributory negligence states, meaning any fault on your part can completely bar recovery. This makes Maryland one of the most challenging states for insurance claims. The state requires both PIP coverage ($2,500 minimum) and uninsured motorist coverage, providing some baseline protection regardless of fault.

30/60/15

Min. Liability

3 yrs

PI Deadline

3 yrs

PD Deadline

Yes

Diminished Value

Fault System

How Maryland's At-Fault (Tort) System Works

Maryland is an at-fault (tort) state. This means the driver who caused the accident is financially responsible for the other party's damages. After an accident, you file a claim against the at-fault driver's insurance company. If the claim is denied or undervalued, you have the right to file a lawsuit to recover your damages.

Deadlines

Statute of Limitations in Maryland

Personal Injury

3 Years

You have 3 years from the date of the accident to file a personal injury lawsuit in Maryland. Missing this deadline permanently bars your right to seek compensation for medical bills, lost wages, and pain and suffering.

Property Damage

3 Years

For property damage claims (vehicle repairs, total loss, personal property), Maryland allows 3 years to file a lawsuit. This includes diminished value claims if applicable. Report damage to your insurer as soon as possible: report to insurer within 30 days; pip claims should be filed promptly.

Coverage Requirements

Minimum Auto Insurance in Maryland

Maryland requires all drivers to carry at least 30/60/15 in liability coverage. These numbers represent the minimum bodily injury per person / bodily injury per accident / property damage limits in thousands of dollars. While these are the legal minimums, higher coverage is strongly recommended.

Bodily Injury / Person

$30,000

Maximum per injured person

Bodily Injury / Accident

$60,000

Maximum per accident total

Property Damage

$15,000

Maximum for property damage

Diminished Value

Diminished Value Claims in Maryland

Maryland Allows Diminished Value Claims

After an accident in Maryland, your vehicle may lose market value even after high-quality repairs — this is called "diminished value." Maryland allows you to file a diminished value claim against the at-fault driver's insurance to recover the difference between your vehicle's pre-accident and post-repair market value. The amount recoverable depends on the vehicle's age, mileage, damage severity, and repair quality.

Calculate your diminished value

Key Laws

Important Insurance Laws in Maryland

1

Maryland follows the strict contributory negligence doctrine — if you are even 1% at fault, you may be barred from recovery (Md. Cts. & Jud. Proc. Code § 3-1401).

2

Personal Injury Protection (PIP) coverage of $2,500 is mandatory in Maryland.

3

Uninsured motorist coverage is required and must be offered at liability limits.

Resources

Maryland Department of Insurance

If you have a complaint about your insurance company or need help with a claim dispute in Maryland, contact the state Department of Insurance. They regulate insurance companies operating in Maryland and can assist with claim disputes, bad faith complaints, and coverage questions.

Maryland Insurance Administration

FAQ

Frequently Asked Questions About Maryland Insurance Claims

How does contributory negligence affect my Maryland claim?

Maryland's contributory negligence rule is one of the strictest in the country. If you are found even 1% at fault for the accident, you may be completely barred from recovering any damages from the other driver. This makes establishing clear fault attribution extremely important.

Does Maryland require PIP coverage?

Yes, Maryland requires PIP coverage of at least $2,500 per person. PIP covers medical expenses regardless of fault. You can purchase higher PIP limits. Maryland also requires uninsured motorist coverage.

What is the statute of limitations in Maryland?

Maryland has a 3-year statute of limitations for both personal injury and property damage claims from a car accident. This gives you a reasonable window to build your case and negotiate with insurers.

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