How Long Do You Have to File a Car Accident Claim in Maryland?

Most Maryland Car Accident Lawsuits Have a Three-Year Deadline, but Some Claims Require Action Much Sooner

After a Maryland car accident, three years is the deadline most injured people hear about. That's generally how long Maryland law gives you to file a negligence lawsuit after a crash.

But three years isn't the only deadline that can affect a car accident claim.

A collision involving a county, city, or State of Maryland vehicle can trigger a one-year notice requirement. Personal injury protection coverage can have an earlier claim-filing deadline under the insurance policy. A wrongful death action is measured from the date of death, while a child's own injury claim generally receives additional time because of minority.

Understanding the difference between an insurance claim, a government notice requirement, and the deadline for filing a lawsuit can prevent a valid claim from being lost because the wrong date was placed on the calendar.

The Law Offices of Stuart L. Plotnick, LLC is now managed by Finnegan Cannon, which handles current inquiries and cases through the practice. Our Rockville car accident team can identify the applicable deadlines and begin preserving evidence while it's still available.

What Is Maryland's Three-Year Car Accident Deadline?

Maryland Code, Courts and Judicial Proceedings § 5-101 provides that a civil action at law generally must be filed within three years from the date the cause of action accrues unless another statute establishes a different period.

That rule applies to most ordinary Maryland personal injury lawsuits arising from negligent driving.

For a typical crash in which you immediately know that you've been injured because another vehicle hit you, the three-year period will ordinarily begin on the date of the collision.

Filing an insurance claim isn't the same thing as filing a lawsuit. You may spend months exchanging medical records, evaluating injuries, and negotiating with an adjuster. Those negotiations don't automatically stop the statute of limitations.

If no settlement has been reached as the deadline approaches, the lawsuit generally must be filed in time to preserve the right to continue pursuing the claim in court.

Does Maryland Always Start the Clock on the Date of the Crash?

Not as an absolute legal rule.

Maryland applies what is known as the discovery rule. Under Maryland Supreme Court precedent, a claim generally accrues when the injured person knew, or reasonably should have known, of the wrong.

In an ordinary car accident, the collision itself usually provides that knowledge. If another driver runs a red light, strikes your vehicle, and you're injured, you normally know immediately that an event occurred that may give rise to a claim.

Delayed symptoms don't necessarily change that.

A person might develop more severe neck pain several days later or learn through imaging that an injury is more serious than originally suspected. Discovering the full extent of an injury later doesn't automatically restart the three-year period.

There can be unusual cases in which an injury or its connection to wrongful conduct couldn't reasonably have been discovered at the time it occurred. The accrual question in those cases can be more complicated.

The safest approach is not to assume delayed symptoms created additional time. The steps taken shortly after a Maryland car accident, including getting appropriate medical care and documenting what happened, can also preserve evidence connecting the injuries to the collision.

Can an Insurance Deadline Arrive Before the Three-Year Lawsuit Deadline?

Yes.

The three-year statute of limitations determines when an ordinary negligence lawsuit generally must be filed. Insurance benefits can follow different rules.

Maryland's personal injury protection coverage is one example.

Under Maryland Insurance Code § 19-508, an automobile policy containing PIP coverage may establish a period of not less than 12 months after the accident for filing the original claim for those benefits.

Once an insurer providing PIP benefits receives written notice of the accident, the statute also requires it to notify the insured of the latest date on which the PIP claim may be filed.

That means someone who has three years to sue another driver shouldn't assume there's also three years to submit every first-party insurance claim.

Compensation after a Maryland car accident can come through different claims and insurance coverages, and each one needs to be evaluated under the rules that actually govern it.

What If a County or City Vehicle Caused the Crash?

A crash involving a local government vehicle can trigger Maryland's Local Government Tort Claims Act.

Examples can include certain county vehicles, municipal vehicles, local police vehicles, or other vehicles operated by employees of qualifying local governmental entities.

Under Courts and Judicial Proceedings § 5-304, written notice generally must be provided within one year after the injury.

The notice has to state the time, place, and cause of the injury and must be directed to the proper recipient identified by the statute.

That one-year requirement doesn't replace the ordinary limitations analysis. It's an additional procedural requirement that can arise well before the three-year lawsuit deadline.

Maryland law does contain safeguards in some cases. Section 5-304 provides that the notice requirement doesn't apply when the local government had legally sufficient actual or constructive notice within one year. A court may also permit a case to proceed for good cause despite defective notice unless the defendant affirmatively shows that the lack of notice prejudiced its defense.

Those exceptions are fact-dependent. It's much safer to provide proper notice on time than to rely on an exception after the deadline has passed.

What If a Maryland State Vehicle Was Involved?

A claim against the State follows a different statute.

Under the Maryland Tort Claims Act, State Government § 12-106, a claimant generally must submit a written claim to the State Treasurer or the Treasurer's designee within one year after the injury to person or property.

The State claim must then be finally denied before an action under the Act is instituted, and the lawsuit generally must be filed within three years after the cause of action arises.

The statute also contains good-cause and actual- or constructive-notice provisions similar in concept to the local-government rules.

This distinction matters because “government vehicle” isn't a single category. A crash involving a Montgomery County vehicle and one involving a Maryland State Police vehicle can involve different notice procedures and recipients even though both accidents occurred on Maryland roads.

What If a Child Was Injured in the Car Accident?

Maryland gives minors additional time to file their personal injury claims.

Courts and Judicial Proceedings § 5-201 provides that when a cause of action accrues in favor of a minor, the person generally has the lesser of three years or the otherwise applicable limitations period after the disability is removed.

For an ordinary car accident injury claim, Maryland law generally tolls the child's limitations period until age 18. That ordinarily gives the injured child three years after reaching adulthood to pursue their own claim.

But that extension doesn't necessarily protect every claim belonging to the parents.

Maryland treats a parent's claim for medical expenses incurred for an unemancipated child as separate from the child's personal injury claim. The Maryland Supreme Court has held that a parent's medical-expense claim isn't tolled simply because the injured child is still a minor.

So a family shouldn't assume that every financial loss arising from the child's accident can wait until the child turns 18.

There can also be additional issues when a government defendant is involved. Families should determine which notice requirements apply rather than assuming the ordinary minority tolling rule postpones every deadline.

What Is the Deadline After a Fatal Maryland Car Accident?

A wrongful death claim follows a separate statutory timetable.

Under Courts and Judicial Proceedings § 3-904, a Maryland wrongful death action generally must be filed within three years after the injured person's death.

That can matter when someone survives the original crash for days, weeks, or months before dying from the injuries.

The people entitled to benefit from a Maryland wrongful death claim are primarily the deceased person's spouse, parents, and children. If none of those beneficiaries exist, a person related by blood or marriage who was substantially dependent on the deceased may potentially qualify under the statute.

A wrongful death claim also isn't necessarily the only action following a fatal crash.

Under § 6-401, most causes of action survive a person's death. A survival action can therefore preserve claims the injured person had before death, while wrongful death compensates qualifying beneficiaries for losses resulting from the death.

The two claims serve different purposes and shouldn't automatically be assumed to have identical accrual issues simply because they arise from the same collision.

What Happens If the Three-Year Deadline Expires?

In an ordinary negligence case, the statute of limitations is a defense the defendant can raise after an untimely lawsuit is filed.

When the applicable period has expired, and no recognized exception applies, the defendant can seek dismissal on limitations grounds.

The practical effect can be just as serious outside court.

If an insurer knows the injured person can no longer file a viable lawsuit, the ability to use litigation as leverage in settlement negotiations may disappear as well.

That's why pursuing compensation after a Maryland car accident shouldn't be postponed until the final weeks before the statute of limitations expires.

Determining the defendants, obtaining medical evidence, calculating damages, and preparing a lawsuit properly can all take time.

Evidence Can Disappear Long Before Three Years Pass

A statute of limitations tells you how long you generally have to file suit. It doesn't require every witness, business, camera system, or vehicle owner to preserve evidence for the entire period.

Useful evidence can include:

• Crash Scene Photographs: Vehicle positions, skid marks, debris, road conditions, and sight lines can change immediately after the collision.
• Surveillance or Dashcam Video: Electronic footage may be overwritten unless it's identified and preserved.
• Witness Information: Independent witnesses can become difficult to locate, and memories fade with time.
• Vehicle Evidence: Damage and electronic information can be altered when a vehicle is repaired, sold, or destroyed.
• Medical Records: Early records can help establish when symptoms began and how the injuries progressed.
• Insurance Documents: The actual policy can reveal PIP, UM/UIM, notice, and other requirements that can't be determined from the three-year statute alone.

A prompt investigation can preserve evidence from a Maryland car accident while it's still available.

The Maryland motor vehicle accident report can also provide useful information about the drivers, vehicles, witnesses, and circumstances documented shortly after the crash.

Don't Treat Every Maryland Car Accident Deadline as Three Years

Three years is the starting point for most ordinary Maryland car accident lawsuits, but it isn't a universal deadline for everything connected to a crash.

A government vehicle can create a one-year notice requirement. PIP benefits can carry a claim deadline as short as 12 months under the policy. A child's own injury claim can receive additional time, while a parent's separate medical-expense claim may not. A fatal crash creates a separate wrongful death timetable.

Our Rockville personal injury team can review the accident, determine which defendants and insurance coverages are involved, calculate the applicable deadlines, and preserve evidence before it disappears.

If you were injured in a Maryland car accident, contact us for a free consultation. Current inquiries and cases are handled by Finnegan Cannon. We'll review the timing of your claim and explain which steps need to be taken before any applicable deadline expires.