After a crash, it can be unsettling to learn that an insurance company is blaming you, even partly. In Maryland, that matters more than in most states. Understanding how shared fault works may help you decide how to protect your claim.
Maryland generally bars recovery if you share the fault
Maryland follows a rule called contributory negligence. If you are found to share any fault for a crash, even as little as 1%, you may be barred from recovering compensation from the other driver, although you may still qualify for no-fault Personal Injury Protection (PIP) benefits through your own policy.
However, the other driver generally has to show it is more likely than not that your fault helped cause the crash. Insurance adjusters may still point to your actions to reduce or deny a claim.
Sharing the blame does not always end your claim
Some situations may work in your favor. Who was at fault is often disputed, so the evidence matters. For example, under a doctrine called last clear chance, a driver who had a fresh, subsequent opportunity to avoid the crash after you were in peril but failed to do so may still be responsible, even if you were also at fault.
Similarly, Maryland law explicitly provides that not wearing a seat belt cannot be used as evidence of contributory negligence. Whether these exceptions apply depends on the specific facts, and it is not guaranteed.
Early steps can protect your position on fault
Gathering evidence early may help show how the crash happened. That can include photos, witness names, and the police report—though police reports are generally inadmissible in Maryland courts to establish fault, they provide critical leads. It may also help to be careful about what you say to insurers and to get legal guidance before accepting blame.
Every crash depends on its own facts. If an insurance company or the other driver is blaming you, it may help to speak with a personal injury attorney about your options under Maryland law.