Statute of Limitations for Car Accidents in Maryland

If you've been hurt in a car accident in Maryland, there's a hard deadline for taking legal action. Miss it, and you can lose your right to recover compensation entirely, no matter how strong your case is. Here's what that deadline actually is, and the exceptions that can change it.

The General Rule: Three Years

Under Maryland law, a personal injury lawsuit, including one arising from a car accident, generally must be filed within three years from the date the injury occurred. In a typical car accident, that clock starts on the day of the crash.

This same three-year deadline generally applies to property damage claims from the same accident, filed separately from a personal injury claim.

Exceptions That Can Change the Deadline

The three-year rule isn't absolute. A few situations change the timeline:

• Minors. If the injured person was under 18 at the time of the accident, Maryland law generally pauses the clock until they turn 18, meaning they may have until their 21st birthday to file.
• Wrongful death. If someone dies as a result of the crash, the three-year clock generally starts on the date of death, not the date of the accident.
• Government involvement. If a government vehicle or employee was involved, Maryland's Tort Claims Act generally requires a claim to be filed with the state within one year of the injury, a much shorter window than the standard three years.
• Incapacity. If the injured person was mentally incapacitated at the time of the accident, the deadline may be paused until capacity is restored.

Why Waiting Is a Mistake Even Within the Deadline

Three years might sound like plenty of time. But building a strong case takes time too: evidence gets harder to gather, witnesses' memories fade, and insurance companies have every incentive to slow-walk a claim as the clock runs. In Maryland specifically, where a contributory negligence argument can end a case entirely, having time to properly investigate what happened matters even more.

What Happens If You Miss the Deadline

If a lawsuit is filed after the statute of limitations has run, the other side can ask the court to dismiss the case on that basis alone. Courts generally grant that request. It doesn't matter how strong the underlying claim was. There are rare exceptions, but they shouldn't be relied on.

Frequently Asked Questions

Does the three-year deadline apply to insurance claims too, or just lawsuits?
The statute of limitations technically governs when a lawsuit can be filed, but insurance companies often have their own internal reporting deadlines that are much shorter. That's another reason not to wait.

What if I didn't realize I was injured until later?
Maryland has limited "discovery rule" exceptions for cases where an injury isn't immediately apparent, but for a car accident this is narrower than it is for something like a medical diagnosis. It's worth discussing your specific situation with an attorney.

Can the deadline be extended if I'm still negotiating with the insurance company?
Generally, no. Settlement negotiations don't pause the statute of limitations clock. A lawsuit may still need to be filed to protect your rights even while negotiations continue.
Not sure where your case stands on the clock? A quick call to Portner & Shure gets you a free consultation and a straight answer about where things stand, before time becomes the issue.

Talk to an Auto / Personal Injury Attorney at Portner & Shure

Every case turns on its own facts, and a short conversation is the fastest way to find out where you stand. Call Portner & Shure at (410) 995-1515 for a free consultation, or contact us online. We have offices across Maryland and Virginia and have recovered over $500 million for our clients.