Maryland law treats an injured child’s car accident claim differently than an adult's in several important ways, from how fault is assigned to how long the family has to file suit. 

Young children generally cannot be held responsible for contributing to their own crash under Maryland's contributory negligence rule, and the deadline to file the child's claim does not begin until the child turns 18. 

Parents should understand these differences early, since some steps, like getting court approval for a settlement, are unique to claims involving minors.

A car accident is frightening enough when the injured person is an adult. When it's your child, the fear is compounded by uncertainty: Does my child even have a claim? Can the insurance company blame a five-year-old for the crash? How long do we have to decide what to do? Maryland law answers these questions differently for a child than it would for an adult, and understanding those differences early can protect your family's rights.

The Maryland car accident attorney team at Meyers, Rodbell & Rosenbaum represent families after children are hurt in crashes involving school buses, daycare vehicles, and everyday passenger cars. Here is what parents need to know about how a child's car accident claim works in Maryland and the surrounding region.

Does Maryland's Contributory Negligence Rule Apply to a Child?Child With TBI After an Accident

Maryland is one of the few states that still follows contributory negligence, a rule under which an injured person can be barred from recovering anything if they are found even slightly at fault for their own crash. Insurance companies rely on this rule aggressively, and in cases involving children, they sometimes try to argue that the child contributed to the accident by darting between cars, being unbuckled, or acting unpredictably.

Maryland courts have long recognized that very young children cannot fairly be held to the same standard as adults. A young child is generally considered incapable of contributing to an accident as a matter of law, and slightly older children still receive a strong legal presumption in their favor. This means the usual defense tactics that work against adult drivers and pedestrians often fail when the injured person is a child.

How Long Does My Child Have to File a Claim?

Adults generally have three years from the date of a crash to file a lawsuit in Maryland, but a child's own claim works differently. Maryland law tolls the filing deadline for a minor's injury claim, pausing it while the injured person is under 18, so the clock on the child's claim for pain and suffering typically does not start running until the child's 18th birthday. From there, the family generally has three more years to file, meaning some claims stay open until the child turns 21.

That extra time is valuable, but it is not a reason to wait. Evidence disappears, witnesses move away, and insurance companies are far more cooperative in the weeks after a crash than they are years later. Taking early action can make a big difference.

Can Parents Recover the Child's Medical Bills Directly?

Yes, and this is one of the most misunderstood parts of a child's personal injury claim. Parents typically have their own separate right to recover the medical expenses they've paid or will pay on their child's behalf. Unlike the child's own claim, this parental claim is generally not tolled by the child's age, so there’s a limited time to seek reimbursement for medical costs.

  • Submit medical bills to any applicable personal injury protection (PIP) coverage right away, since PIP typically pays regardless of who caused the crash.

  • Keep every bill, receipt, and insurance statement related to the child's treatment, including mileage to appointments and cost of assistive equipment.

  • Track missed work needed to care for the child during recovery, which may factor into the family's own damages.

Does a Child's Settlement Need Court Approval?

A minor cannot legally sign a binding settlement on their own behalf. When a child's injury claim is resolved, Maryland courts generally require approval of the settlement to confirm it is fair and in the child's best interest. A judge will typically review:

  • The nature and permanency of the child's injuries

  • How the settlement amount compares to the medical bills and other losses

  • How the funds will be protected until the child reaches adulthood (often through a restricted account or structured settlement)

This extra layer of court oversight exists to protect children, but it also means a child's case can take longer to resolve than a similar adult claim.

What Should Parents Do After a Child Is Hurt in a Car Crash?

These steps can help protect your claim (and your child’s claim) after a car accident:

  • Get your child evaluated by a doctor right away, even if injuries seem minor, since children don't always describe pain the way adults do.

  • Confirm the car seat or booster seat was installed and used correctly, and consult NHTSA's car seat and booster seat guidance for age and size requirements going forward.

  • Photograph the vehicle damage, the accident scene, and any visible injuries before repairs or evidence disappear.

  • Avoid giving a recorded statement to any insurance adjuster, including your own, before speaking with an attorney.

Children can suffer the same range of serious injuries adults do, including broken bones, traumatic brain injuries, and soft tissue damage. Many catastrophic injuries require years of recovery, follow-up care, and lifestyle adjustments.

The child injury lawyers at Meyers, Rodbell & Rosenbaum are here to stand up for the rights of you and your child. We can answer your questions, investigate your case, and pursue the full and fair compensation you and your child deserve.