Fault – How is fault determined in a Maryland Car Accident:
- Pure Contributory Negligence:
- Maryland has adopted “pure contributory negligence” as a measure to determine the recoverable amount of damages an injured person may recover. In Maryland, if it is determined that the injured person is at fault for any amount of his or her injuries, the injured person may not recover any damages for those injuries.
- For example: Gayle and Margaret are in a car accident and Gayle is injured. It is determined that Gayle is 10% at fault (contributory negligent). Damages for her injuries equal $10,000. Under Maryland pure contributory negligence, Gayle may not recover any amount of damages for her injuries as a result of her being 10% at fault.
Maryland Car Insurance Requirements and Limits
- Bodily Injury Liability
- minimum limit of $ 20,000 per person
- minimum limit of $ 40,000 for two or more persons
- Property Damage Liability
- minimum limit of $ 15,000
- Underinsured/ Uninsured Motorist Coverage
- Bodily Injury
- minimum limit of $ 20,000 per person
- minimum limit of $ 40,000 for two or more persons
- Property Damage
- minimum limit of $ 15,000
- PIP – Persona Injury Protection – Optional –
- may cover up to $ 2,500 per person
Maryland Small Claims Limit:
If a claim for damages in a car accident is $5,000 or less it should be assigned to the small claims court of the appropriate jurisdiction in Maryland.
Maryland Personal Injury Statue of Limitations:
In Maryland, a person should bring a personal injury claim within three (3) years of the accident or within one (1) year for libel and slander. Maryland Statute§ 5-101.
Maryland Statues Online: Maryland Codes Online.
- Maryland Accident and Personal Injury Laws:
- Statue of Limitations for Personal Injury
- Maryland Courts and Judicial Proceedings Code Annotated, § 5-101
- Insurance Requirements:
- Maryland Transportation Code Annotated, § 17-103
- Small Claims Limits
- Maryland Courts and Judicial Proceedings Code Annotated, § 4-405
- Claims Against Public Entities
- Maryland Code, State Government Article, §§ 12-101
- Maryland Courts and Judicial Proceedings Code Annotated, §5-522
Maryland Car Accidents Reports
- Police Reports
- To obtain a copy of an accident report from the Maryland State Police, you may pick up a copy of the report in person or you may mail in the Request for Motor Vehicle Accident Report no sooner than 20 days after the accident. To request a report in person form a Barrack that completed the report, call no sooner than ten days after the accident to request the report and bring a check or money order (no cash) for $4.00 made payable to “Maryland State Police.” When mailing in the Request include a check for $4.00 to the address on the form. For reports of accident that occurred in the City of Baltimore, you should contact the Central Records Division, Baltimore Police Department at (410) 396-235. To obtain any other reports from local police, call or visit the police station for information on how to obtain an accident report.
- DMV
- For car accidents in Maryland, if any person has be injured or killed in the car accident, a written report must be filed within 15 days with the Motor Vehicle Administration (MVA), unless the police are present. A report does not need to be when there is only property damage, regardless of the dollar amount.
Insurance Notification
Most auto insurance companies require prompt reporting of a car accident from their policy holders. If your insurance company is not notified within a VERY short timeframe, your insurance company may deny you of coverage for your car accident. Check with your insurance policy for notice requirements.