Maine Car Accident Laws: Fault, Insurance, and Your Claim

Maine is an at-fault (tort) state that follows modified comparative negligence with a 50% bar, meaning the at-fault driver pays for damages and you can recover only if you are less than 50% responsible, with your award reduced by your share of fault.

Is Maine a no-fault or at-fault state?

Maine is a traditional at-fault (tort) state. The driver who is legally responsible for a crash bears liability for the resulting bodily injury and property damage. Maine is not among the 12 states with mandatory no-fault/PIP systems (Florida, Michigan, Minnesota, New York, North Dakota, Hawaii, Kansas, Kentucky, Massachusetts, New Jersey, Pennsylvania, and Utah). There is no personal injury protection (PIP) statute and no no-fault threshold that an injured person must clear before bringing a tort claim.

Because Maine is an at-fault state, an injured accident victim files a claim directly against the at-fault driver and that driver's liability insurer for compensation. There is no no-fault verbal or monetary threshold to overcome before suing for pain and suffering. Any injured party may bring a negligence claim, subject to Maine's modified comparative fault rule. Maine does require every auto policy to include at least $2,000 in Medical Payments (MedPay) coverage per person, a first-party benefit that pays medical bills regardless of fault, but MedPay does not bar a tort claim and is not a no-fault system.

How fault is shared: Maine's negligence rule

Maine follows modified comparative fault with a 50% bar under 14 M.R.S. §156. Under this system, an injured party's damages are reduced in proportion to their own share of fault. However, if the claimant is found to be equally at fault (50%) or more at fault than the defendant, recovery is completely barred.

For example, if a jury awards you $80,000 in damages but finds you 30% at fault for the collision, your net recovery is reduced to $56,000. If the jury finds you exactly 50% at fault (or more), you recover nothing at all. Maine's 50% bar is slightly stricter than the more common 51% bar used in states like Connecticut and Illinois: any finding of equal fault defeats the claim. This rule applies to all negligence actions including multi-vehicle crashes, where the fault of every party is compared and apportioned.

Minimum car insurance in Maine

Maine sets some of the highest mandatory minimum liability limits in the country. Under 29-A M.R.S. §1605(1), all registered vehicles must carry liability coverage of at least 50/100/25: $50,000 bodily injury per person, $100,000 bodily injury per accident, and $25,000 property damage per accident. A combined single limit of $125,000 satisfies the requirement as an alternative. The financial-responsibility mandate itself is found at 29-A M.R.S. §1601 and §1611.

Every Maine auto policy must also include mandatory uninsured/underinsured motorist (UM/UIM) coverage. Under 24-A M.R.S. §2902, a policy may not be delivered or issued for delivery in Maine without UM/UIM coverage. The minimum UM/UIM limits are $50,000 per person and $100,000 per accident. The insured may not waive UM/UIM coverage below those minimums. The only thing an insured may reject (by signed, dated written form before the effective date) is UM/UIM above the statutory minimum; coverage at the minimum 50/100 level is non-waivable. Additionally, every policy must include at least $2,000 in Medical Payments (MedPay) coverage per person as required by the Maine Bureau of Insurance, providing first-party medical reimbursement regardless of fault.

How long you have to file: the statute of limitations

Maine gives car accident victims 6 years to file a personal-injury or property-damage lawsuit from the date of the crash. This deadline is set by 14 M.R.S. §752, Maine's general personal-injury statute of limitations, which applies to ordinary negligence actions including auto-accident bodily-injury and property-damage claims. Maine has no shorter special limitation period for motor-vehicle tort claims, making its 6-year window one of the longest in the nation.

The timeline is significantly shorter when a government entity is involved. Claims against state or local government under the Maine Tort Claims Act require a written notice of claim within 180 days of the injury (14 M.R.S. §8107). Failure to provide timely notice can bar the entire claim even though the underlying lawsuit period has not yet expired. If a government vehicle, poorly maintained road, or municipality was a contributing factor in the crash, the notice deadline may run out months before you might otherwise think to consult an attorney.

For more on Maine's limitation rules, see our Maine statute of limitations page.

What a Maine car accident claim is worth

The value of a Maine car accident claim depends on your economic damages, your non-economic damages, and any reduction from fault assigned to you. Economic damages include verifiable monetary losses such as emergency medical care, surgery, rehabilitation, future medical costs, lost wages, lost earning capacity, and vehicle repair or replacement. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and compensation for permanent scarring or disability.

Because Maine follows modified comparative fault, any percentage of fault assigned to you reduces your award proportionally. A jury that finds you 20% at fault in a $150,000 case reduces your net recovery to $120,000. Practical recovery is also constrained by the at-fault driver's policy limits. Maine's high minimum limits of 50/100/25 provide more protection than most states offer, but serious injuries can still exceed those caps. In those situations, your own mandatory UM/UIM coverage and any MedPay or umbrella policy become the next source of recovery.

Use our Maine car accident settlement calculator to model potential damages ranges based on injury severity, your share of fault, and available insurance coverage.

What to do after a car accident in Maine

The steps you take immediately after a Maine car accident can directly affect the strength of your claim.

Stay safe and call for help. Move to a safe location if you can do so without moving injured persons. Call 911 if anyone is hurt, if there is significant property damage, or if a driver appears impaired. Under Maine law, drivers involved in accidents resulting in injury, death, or damage above a certain threshold are required to report the accident.

Document the scene thoroughly. Photograph the vehicles, road conditions, traffic controls, skid marks, debris, and any visible injuries. Collect the names, contact information, driver's license numbers, and insurance information for every driver involved. Get contact information from independent witnesses before they leave the scene.

Seek medical attention promptly. See a doctor as soon as possible even if you feel fine. Injuries like whiplash, concussions, and soft-tissue damage frequently show symptoms hours or days after the impact. A timely medical record connects your injuries to the crash and is critical to your claim.

Preserve evidence and notify your insurer. Report the accident to your own insurer promptly and honestly. Keep all medical bills, repair estimates, and documentation of lost time from work. Photograph injuries over time to record how they evolve.

Consult an attorney before accepting a settlement. Insurance adjusters work for the insurer, not you. A Maine personal-injury attorney can evaluate your full damages, advise you on comparative-fault exposure under the strict 50% bar, and negotiate on your behalf before you sign any release. Most Maine car accident attorneys work on a contingency-fee basis, so there is no upfront cost.

For related Maine driving laws, see our Maine hit-and-run laws page.

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This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Maine.

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Sources

• 29-A M.R.S. §1601 and §1611 (financial responsibility mandate): https://legislature.maine.gov/statutes/29-A/title29-Asec1601.html
• 29-A M.R.S. §1605(1) (minimum 50/100/25 liability limits): https://legislature.maine.gov/statutes/29-A/title29-Asec1605.html
• 24-A M.R.S. §2902 (mandatory UM/UIM coverage): https://legislature.maine.gov/statutes/24-A/title24-Asec2902.html
• 14 M.R.S. §156 (modified comparative fault, 50% bar): https://legislature.maine.gov/statutes/14/title14sec156.html
• 14 M.R.S. §752 (6-year personal-injury statute of limitations): https://legislature.maine.gov/statutes/14/title14sec752.html
• 14 M.R.S. §8107 (Maine Tort Claims Act, 180-day notice of claim): https://legislature.maine.gov/statutes/14/title14sec8107.html

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Related pages:

• Maine Car Accident Settlement Calculator
• Maine Hit-and-Run Laws
• Car Accident Laws by State: Hub
• Maine Statute of Limitations