A Rare Rule Among the States
Most states use comparative negligence, where fault is split and recovery is reduced by your share. Maryland is one of only a few jurisdictions, along with Virginia, North Carolina, Alabama, and Washington, D.C. in certain situations, that still follow contributory negligence. Maryland’s highest court reaffirmed the doctrine in 2013, and it remains the standard for many auto claims.
How the Rule Touches Each Part of Your Policy
| Coverage or claim | Affected by the 1% rule? |
| Your claim against the other driver’s insurer | Yes, and it can be barred entirely |
| Your own collision coverage | No, it responds regardless of fault |
| Personal Injury Protection | No, Maryland PIP pays regardless of fault |
| Uninsured or underinsured motorist claims | Often, since these claims generally follow fault rules too |
Why This Makes First-Party Coverage So Important
Because recovering from the other side can hinge on a sliver of fault, the coverages that pay regardless of who caused the crash carry extra weight in Maryland. Collision and PIP can be the difference between getting help quickly and waiting on a dispute.
Habits That Help After Any Accident
- Stay calm and avoid guessing about fault at the scene
- Photograph vehicle positions, road conditions, and signals
- Collect witness names and contact information
- Consider a dashcam for commutes along York Road and the Beltway
Canopy Insurance Group helps drivers in Towson and across Baltimore County build auto insurance that holds up under Maryland’s unique rules. To review your collision, PIP, and motorist coverages together, reach out through Canopy Insurance Group in Towson, MD.
