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What should I do after a car accident in Maryland?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

Maryland is one of only four U.S. jurisdictions retaining pure contributory negligence, despite repeated invitations to abandon it.

1. Immediate Steps at the Scene

  • Stop and exchange information (Md. Code Transp. §§ 20-102 to 20-104). Felony to leave injury scene.
  • Render reasonable aid.
  • Call 911 for injuries.

    • 2. Mandatory Reporting

  • Police: Required for injury, death, when a vehicle requires towing, or driver appears under the influence (Md. Code Transp. § 20-107).
  • Form MVR-181: For private property crashes or when no police respond.
  • Notify insurer; PIP claims must be filed promptly.

    • 3. Minimum Liability & PIP

  • Liability: 30/60/15 under Md. Code Transp. § 17-103.
  • PIP: $2,500 minimum (Md. Code Ins. § 19-505) — drivers may waive in writing.
  • UM/UIM at the same limits as liability is mandatory unless waived.

    • 4. Pure Contributory Negligence — 1% Bars Recovery

    The Maryland Court of Appeals reaffirmed contributory negligence in Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013), declining to adopt comparative fault. A plaintiff who is even slightly at fault is completely barred.

    Exceptions:

  • Last clear chance (MTA v. Miller, 271 Md. 256 (1974)) — defendant who could have avoided the harm remains liable.
  • Wanton or willful misconduct by defendant — contributory negligence is no defense.
  • Children under 5 are conclusively presumed incapable of contributory negligence; ages 5-7 raise rebuttable presumption.

    • 5. Statute of Limitations

  • Personal injury: 3 years (Md. Code Cts. & Jud. Proc. § 5-101).
  • Property damage: 3 years (§ 5-101).
  • Wrongful death: 3 years (§ 3-904).
  • Maryland Tort Claims Act: Notice within 1 year to State Treasurer (§ 12-106); Local Government Tort Claims Act: Notice within 1 year (§ 5-304).

    • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • Insurer alleges you bear ANY fault (1% bars recovery in MD)
    • Last clear chance or willful misconduct may apply
    • Government defendant — 1-year notice deadlines apply
    Related Statutes & Laws
    • Md. Code Transp. § 17-103
    • Md. Code Transp. § 20-107
    • Md. Code Ins. § 19-505
    • Md. Code Cts. & Jud. Proc. § 5-101
    • Md. Code Cts. & Jud. Proc. § 12-106
    • Md. Code Cts. & Jud. Proc. § 5-304

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.