{"id":16,"date":"2026-09-30T15:29:06","date_gmt":"2026-09-30T21:29:06","guid":{"rendered":"https:\/\/www.thecanopyinsurancegroup.com\/blog\/?p=16"},"modified":"2026-09-25T15:57:12","modified_gmt":"2026-09-25T21:57:12","slug":"marylands-1-rule-why-partial-fault-can-block-a-claim","status":"publish","type":"post","link":"https:\/\/www.thecanopyinsurancegroup.com\/blog\/marylands-1-rule-why-partial-fault-can-block-a-claim\/","title":{"rendered":"Maryland’s 1% Rule: Why Partial Fault Can Block a Claim"},"content":{"rendered":"
\nThe rule in one line:<\/strong> Under Maryland’s contributory negligence standard, a driver who is found even slightly at fault for an accident can generally be barred from recovering damages from the other driver.\n<\/div>\n

A Rare Rule Among the States<\/h2>\n

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.<\/p>\n

How the Rule Touches Each Part of Your Policy<\/h2>\n\n\n\n\n\n\n
Coverage or claim<\/strong><\/td>\nAffected by the 1% rule?<\/strong><\/td>\n<\/tr>\n
Your claim against the other driver’s insurer<\/td>\nYes, and it can be barred entirely<\/td>\n<\/tr>\n
Your own collision coverage<\/td>\nNo, it responds regardless of fault<\/td>\n<\/tr>\n
Personal Injury Protection<\/td>\nNo, Maryland PIP pays regardless of fault<\/td>\n<\/tr>\n
Uninsured or underinsured motorist claims<\/td>\nOften, since these claims generally follow fault rules too<\/td>\n<\/tr>\n<\/table>\n

Why This Makes First-Party Coverage So Important<\/h2>\n

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.<\/p>\n

Habits That Help After Any Accident<\/h2>\n