Maryland · Comparative fault · Updated Oct 2026
Comparative fault in Maryland: who pays when both drivers share the blame
How contributory negligence works in Maryland, the law behind it and how insurers apply it.
Short answer
In Maryland, if you were even slightly at fault (1% or more), you may be barred from recovering anything from the other driver. Courts recognize a few narrow exceptions.
- Rule
- Contributory negligence
- You recover nothing at
- Any fault (1% or more)
- Law
- Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013) (Court of Appeals kept contributory negligence: any negligence by you that helped cause the crash can bar recovery)
- Insurance system
- Fault (tort)
Insurance and small claims in Maryland
Fault-based. Insurers must include personal injury protection (PIP) of at least $2,500 for medical bills and lost income unless the first named insured waives it in writing.
Small claims limit for car damage in Maryland: $5,000 (District Court small claims). Maryland small claims guide on Small Claims Map
How fast an insurer must handle a claim in Maryland
- COMAR 31.15.07.03: insurers must acknowledge a claim within 15 working days, affirm or deny coverage within 15 working days after receiving completed proof of loss, and reply to claimants' written communications within 15 working days.
- Md. Code, Ins. §§ 27-303 and 27-304 list unfair claim settlement practices.
More facts for Maryland
- Maryland is one of the few places that still uses contributory negligence: if you were even slightly at fault, you may recover nothing (Coleman v. Soccer Ass'n of Columbia, 2013).
Recent changes in Maryland
- A 2026 bill to let injured pedestrians, cyclists and other vulnerable road users recover under comparative negligence (HB 466) was referred to interim study and did not become law; contributory negligence still applies.
If the insurer says you were partly at fault
- Get the police report. For Maryland State Police reports, wait at least 10 days, then visit the barrack that wrote the report, or send the request form to the MSP Central Records Division by mail or email with a $4 search fee (check or money order). Reporting a crash in Maryland and getting the police report
- Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
- If the insurer blames you without a good reason, complain to Maryland Insurance Administration.
- Sue before the deadline: 3 years for both property damage and injury. Deadlines to sue in Maryland, with the calculator
Who pays in Maryland: fault and payout explainer
Free help in Maryland
Questions about comparative fault in Maryland
Is Maryland a comparative negligence state?
No. Maryland uses contributory negligence. Coleman v. Soccer Ass'n of Columbia, 432 Md. 679 (2013) (Court of Appeals kept contributory negligence: any negligence by you that helped cause the crash can bar recovery)
Where can I complain if an insurer blames me unfairly in Maryland?
Maryland Insurance Administration: https://insurance.maryland.gov/Consumer/Pages/FileAComplaint.aspx · 1-800-492-6116
How fast must an insurer handle a car insurance claim in Maryland?
COMAR 31.15.07.03: insurers must acknowledge a claim within 15 working days, affirm or deny coverage within 15 working days after receiving completed proof of loss, and reply to claimants' written communications within 15 working days. Md. Code, Ins. §§ 27-303 and 27-304 list unfair claim settlement practices.
How do I get the police report in Maryland?
For Maryland State Police reports, wait at least 10 days, then visit the barrack that wrote the report, or send the request form to the MSP Central Records Division by mail or email with a $4 search fee (check or money order). For crashes in Baltimore City, contact the Baltimore Police Department Central Records Division (410-396-2234). Local police and sheriffs keep their own reports. https://mdsp.maryland.gov/community-services/request-police-reports
More for Maryland drivers
- All car accident rules in Maryland
- Reporting a crash
- Uninsured driver
- Deadline to sue
- Comparative negligence in every state
- How to file a car insurance claim
- Deadline calculator
- Insurance claim letter
- Police report request letter
Nearby states
- Md. Code, Ins. §§ 19-505, 19-506
- Md. Code, Transp. § 20-107 (driver's written report)
- Md. Code, Transp. § 17-103 (minimum security)
- Md. Code, Transp. § 17-106 (lapse penalties)
- Md. Code, Ins. § 19-506 (PIP waiver)
- Md. Code, Ins. § 19-509 (uninsured motorist coverage)
- Md. Code, Ins. § 19-509.1 (enhanced underinsured motorist coverage)
- Md. Code, Cts. & Jud. Proc. § 5-101 (three years)
- Md. Code, Cts. & Jud. Proc. § 5-304 (notice to local government)
- Md. Code, Ins. §§ 27-303, 27-304 (unfair claim settlement)
- COMAR 31.15.07.03 (claims handling standards)
- Coleman v. Soccer Ass'n of Columbia (Md. 2013)
- Maryland State Police: Request police reports
- Maryland Insurance Administration: File a complaint
- Md. Code, State Gov't § 12-106 (claims against the State)
- Maryland General Assembly: HB 466 (2026), status
Last checked: Oct 24, 2026.