Car Accident Statute of Limitations in Maryland
Last verified 2026-07 · Source: Md. Code, Cts. & Jud. Proc. § 5-101 ✓ verified · 3 sources
The deadline
3 years
from The three-year clock generally starts on the date the cause of action accrues, which for a car-accident personal-injury claim is the date of the accident when the injury occurs and is known., under Md. Code, Cts. & Jud. Proc. § 5-101.
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Maryland law sets a hard deadline of 3 years to file a car accident lawsuit. The controlling statute is Md. Code, Cts. & Jud. Proc. § 5-101, and the clock generally starts on The three-year clock generally starts on the date the cause of action accrues, which for a car-accident personal-injury claim is the date of the accident when the injury occurs and is known.. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Maryland Deadlines for Related Claims
When the Clock Starts
In Maryland, the limitations period for car accident lawsuits generally begins on The three-year clock generally starts on the date the cause of action accrues, which for a car-accident personal-injury claim is the date of the accident when the injury occurs and is known.. Maryland recognizes a discovery rule for this claim type: Maryland applies the discovery rule to accrual under Cts. & Jud. Proc. § 5-101: a cause of action accrues, and the limitations clock begins, when the plaintiff knew or reasonably should have known of the injury and its wrongful cause. In a typical motor-vehicle collision the injury is apparent at the time of the crash, so the clock ordinarily starts on the accident date.
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
Maryland has no motor-vehicle-specific limitations statute, so car-accident personal-injury suits fall under the general three-year civil limitations period in Cts. & Jud. Proc. § 5-101. Under Cts. & Jud. Proc. § 5-201, limitations are tolled for a plaintiff who was a minor (or under a disability) when the cause of action accrued, giving that person the applicable limitations period measured from the removal of the disability (i.e., reaching age 18).
Source: Md. Code, Cts. & Jud. Proc. § 5-101, official Maryland statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Maryland government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Maryland Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Maryland | 3 years | Md. Code, Cts. & Jud. Proc. § 5-101 |
| Virginia | 2 yrs | Va. Code § 8.01-243(A) |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12 |
| Pennsylvania | 2 yrs | 42 Pa.C.S. § 5524(2) |
| Delaware | 2 yrs | 10 Del. C. § 8119 |
| District of Columbia | 3 yrs | D.C. Code § 12-301(a)(8) |
Frequently Asked Questions
How long do I have to file a car accident lawsuit in Maryland?
You have 3 years from The three-year clock generally starts on the date the cause of action accrues, which for a car-accident personal-injury claim is the date of the accident when the injury occurs and is known., under Md. Code, Cts. & Jud. Proc. § 5-101.
Can I still sue after 3 years in Maryland?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to car accident lawsuits in Maryland?
Yes. Maryland applies the discovery rule to accrual under Cts. & Jud. Proc. § 5-101: a cause of action accrues, and the limitations clock begins, when the plaintiff knew or reasonably should have known of the injury and its wrongful cause. In a typical motor-vehicle collision the injury is apparent at the time of the crash, so the clock ordinarily starts on the accident date.
What if the victim was a minor?
Maryland generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
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Sources
- Official Maryland General Assembly — Statute Text, Cts. & Jud. Proc. § 5-101
- Corroborating Justia — Md. Courts and Judicial Proceedings Code § 5-101 (2025), Three-Year Limitation in General
- Corroborating FindLaw — Maryland Code, Courts and Judicial Proceedings § 5-101
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Maryland attorney.