Maryland Car Accident Statute of Limitations

How long do you have to file a car accident claim in Maryland? In most cases you have three years from the date of the crash to file a lawsuit, under Maryland Courts and Judicial Proceedings Section 5-101. If you miss that deadline, the court will almost always dismiss your case and you lose the right to recover, no matter how clearly the other driver was at fault.

Shorter deadlines can apply when a government entity is involved. Claims against a Maryland local government generally require written notice under the Local Government Tort Claims Act within one year, and claims against the State of Maryland require notice under the Maryland Tort Claims Act within one year. Because these notice rules are strict and the facts decide which one applies, it is best to talk with a lawyer early.

At Gelb & Gelb, P.C., our attorneys have handled Maryland injury claims for decades. Below we explain the deadline, when it can pause, and why acting early protects your claim. For a question about your own crash, call (202) 331-7227 for a free consultation.

The Standard Maryland Car Accident Deadline: Three Years

Maryland’s general statute of limitations for personal injury is three years, set by Courts and Judicial Proceedings Section 5-101. For a car accident, the clock usually starts on the date of the collision. The same three-year period generally applies to claims for vehicle damage.

The deadline is the date by which your lawsuit must be filed in court. It is not the date by which you must settle. Filing on time preserves your rights even if settlement talks continue afterward.

How Maryland Fault Rules Affect Your Claim

Maryland is a fault-based, or at-fault, state. The driver who caused the crash, through their insurer, is responsible for your damages. Maryland also follows pure contributory negligence, one of the harshest standards in the country. If you are found even one percent at fault, you can be barred from recovering anything. This is why building a careful, well-documented case from the start matters so much, and why the filing deadline is only one of several rules that decide the outcome. You can learn more on our page about contributory negligence in a Maryland car accident.

Shorter Deadlines for Government Claims

If a government vehicle caused your crash, or a government entity was responsible for a dangerous road condition, special notice rules apply. A claim against a county or municipal government usually falls under the Local Government Tort Claims Act, which requires written notice within one year of the injury. A claim against the State of Maryland falls under the Maryland Tort Claims Act, which also requires notice within one year, submitted to the State Treasurer. These notice deadlines are separate from, and shorter than, the three-year filing period, so identify a possible government claim quickly.

When the Three-Year Clock Can Pause

In limited situations the statute of limitations is paused, which lawyers call tolling. Common examples include an injured person who is a minor and an injury that could not reasonably have been discovered right away. Maryland generally does not extend the deadline simply because you were still treating. Tolling rules are technical and fact-specific, so do not assume the clock has stopped. Confirm it with a lawyer.

Wrongful Death Claims

If a crash causes a death, a Maryland wrongful death action generally must be filed within three years of the date of death, though different rules can apply in specific circumstances. These cases are handled differently from injury claims, so families should seek advice promptly. Learn more on our Maryland wrongful death lawyer page.

Why Filing Early Helps Your Case

Waiting until close to a deadline weakens a case. Evidence disappears, surveillance footage is overwritten, and witnesses move or forget. Starting early lets your attorney preserve evidence, send any required government notice on time, and build the strongest possible claim. For the steps to take right after a crash, see our guide on what to do after a car accident in Maryland.

Speak With a Maryland Car Accident Lawyer Today

Deadlines are easy to miss and impossible to undo. The safest step is to talk with a lawyer soon after your crash so every deadline is protected. Our consultations are free and confidential, and you pay no fee unless we recover for you.

Call Gelb & Gelb at (202) 331-7227 or use our contact form. To learn more, visit our Maryland car accident lawyer page and our Maryland personal injury lawyer page.

Reviewed and authored by Brian Gelb, Associate Attorney at Gelb & Gelb, P.C. Mr. Gelb is admitted to the Bars of the District of Columbia, Maryland, and South Carolina.

This page is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this page. Prior results do not guarantee a similar outcome. Each case depends on its own facts and applicable law.