IS MARYLAND A NO FAULT OR FAULT STATE
Question Details:
Maryland is a contributory negligence state, which is much, much different than no-fault. Most states have something called comparative negligence, which means you compare who is at fault, and apportion responsibility. With contributory negligence, if the plaintiff contributes to the accident, they are totally barred from any recovery at all. This is a very harsh doctrine, and there have been attempts to switch to the rule applied in other states.
PIP protection is an entirely different concept and is designed to award a very limited amount of money under your own policy to cover a small amount (no more than a few thousand, generally $2500) toward lost wages / medical expenses. PIP is not sufficient to cover anyone's expenses in a serious accident and is not mandatory.
Minimal insurance is mandatory for all Maryland drivers.
You are strongly encouraged to consult a licensed MD attorney.
Maryland is what is known as a "contributory negligence" state. With contributory negligence, the plaintiff is totally barred from any recovery at all if they contributed at all to the accident. This is a very strict standard.
As far as "no fault", sometimes the adjuster will use the words “no fault” when they are referring to "personal injury protection" (PIP). Virtually every Maryland car insurance policy includes PIP coverage; although it is an optional coverage which requires an affirmative waiver from the named insured. PIP benefits should be paid no matter who was at fault in causing the accident, although it is typically a very low amount (it covers lost wages, medical expenses, funeral costs).
If the medical expenses exceed a predetermined amount or if the accident is deemed too severe, the at-fault party can be held responsible for the other driver’s damages. Therefore, Maryland motorists are also required to carry a minimum bodily injury liability policy in the amounts of $20,000 for injuries to an individual and $40,000 for injuries to multiple people as well as property damage liability in the amount of $10,000 for repairs to property and the other person’s vehicle.
You can contact an attorney in your area for further information.