Insurance System & Requirements

Maine operates under an at-fault insurance system, meaning the driver responsible for a crash is financially liable for resulting damages. Injured parties pursue compensation from the at-fault driver's insurer, their own MedPay coverage, or, if necessary, a lawsuit against the at-fault driver.

Minimum required coverages

All drivers operating a vehicle in Maine must carry the following minimum coverage:

• Bodily Injury Liability: $50,000 per person / $100,000 per accident
• Property Damage Liability: $25,000 per accident
• A combined single limit of $125,000 satisfies this requirement as an alternative to the split limits above
• Medical Payments (MedPay): $2,000 per person, regardless of fault. Higher limits, up to $25,000 or more, are available at relatively low additional cost
• Uninsured/Underinsured Motorist (UM/UIM): $50,000 per person / $100,000 per accident. UM/UIM must match your liability limit if you carry more than the minimum, unless you reject the higher UM/UIM limit in writing

At these levels, coverage can be exhausted quickly in a serious crash involving multiple injured passengers, and higher voluntary limits are advisable for most Maine drivers.

Medical Payments (MedPay)

MedPay pays medical expenses for you and your passengers regardless of fault, without waiting for a liability determination. Maine is one of the states in this series where MedPay is genuinely mandatory rather than optional, at a $2,000 minimum per person. Higher limits like $5,000 or $10,000+ are widely available as optional enhancements at a low extra cost.

Rideshare coverage requirements

For drivers working for Uber, Lyft, or similar platforms, Maine law establishes coverage requirements based on driver status:

• App on, no ride accepted (Period 1): $50,000 per person / $100,000 per accident for bodily injury; $25,000 for property damage; $2,000 in MedPay
• Ride accepted or passenger onboard (Periods 2 and 3): $1,000,000 in liability and UM/UIM coverage, with optional collision and comprehensive coverage contingent on the driver carrying similar personal coverage

Rideshare endorsements are available to optionally bridge personal coverage gaps during Period 1, when a driver is logged into the app but hasn't yet accepted a ride.

Optional coverages

• Collision coverage: Covers your own vehicle regardless of fault
• Comprehensive coverage: Covers non-collision losses such as theft or weather damage

Penalties for non-compliance

Driving without a required insurance policy in Maine carries the following consequences:

• Fines: $100 to $500 if you can't show proof of insurance at a stop
• The 30-day window: Failure to resolve the lapse within 30 days can result in driver’s license suspension and registration suspension until your insurance company confirms coverage
• SR-22 filing: Often required after a lapse to demonstrate you meet the minimum insurance requirements going forward. Maine will only accept an SR-22 from an insurer licensed to sell insurance in the state
• Reinstatement: Additional fees apply once proof of insurance and, if required, the SR-22 are in place

Unlike some states, Maine's $100–$500 fine range applies whether this is a first offense or a second offense; the 30-day cure window and SR-22 requirement apply either way.

Fault & Negligence Laws

Comparative negligence: barred at equal fault

Under Me. Rev. Stat. tit. 14, § 156: in a fault state like Maine, an insurance claim may not be defeated simply because the injured person shares some responsibility; if a jury finds the claimant equally at fault with the other driver, or more responsible than that, the claimant recovers nothing at all.

Maine's method for reducing a partial recovery is distinctive among the states covered in this series. Rather than instructing the jury to multiply damages by a fault percentage, the statute directs the jury to find the full damages figure as if the claimant hadn't been at fault, then separately determine a reduction expressed in dollars and cents — "to the extent considered just and equitable" — reflecting the claimant's own share of responsibility. The jury returns both figures, and the lower of the two becomes the final verdict. In practice, this still functions like comparative fault, but the calculation is framed as the jury's own equitable dollar judgment rather than a strict percentage formula.

Multi-vehicle collisions: joint and several liability

When more than one negligent driver contributed to a crash, Maine holds each defendant jointly and severally liable for the full amount of the plaintiff's damages, not merely for that defendant's own share. A defendant may request special interrogatories asking the jury to allocate a fault percentage among the defendants, but that allocation determines how the defendants sort out contribution claims among themselves; it doesn't limit how much the injured party can collect from any single defendant who can actually pay. This matters practically in cases involving an underinsured negligent driver alongside a better-insured one.

For a broader explanation of how comparative fault systems compare across states, see our article on comparative and contributory negligence.

How fault is determined

Fault is established through police reports, witness statements, dashcam and surveillance footage, physical evidence, medical records, and accident reconstruction analysis in contested cases. Insurance adjusters begin their own fault investigation promptly after any significant crash, since the equal-fault bar makes even a small shift in the perceived allocation of blame consequential to a car accident claim.

Special considerations for passengers

Passengers injured in a Maine car accident may pursue compensation from any at-fault party, including the driver of the vehicle they were riding in. A passenger's own full compensation may be reduced, or barred entirely if found equally at fault, if their conduct, such as failing to wear a seatbelt, contributed to a serious injury they sustained.

Statute of Limitations

Maine’s laws set several different deadlines depending on the type of claim, and getting the right one matters, since missing it bars the claim permanently.

Personal injury claims

Under Maine Revised Statutes tit. 14, § 752, accident victims have 6 years from the date of the accident to file a personal injury lawsuit. This is a notably longer window than most states in this series. This generous timeframe provides flexibility for those still recovering medically or negotiating with an insurer, though starting the process promptly is still advisable to preserve evidence while it's fresh.

Property damage claims

Claims for property damage, such as vehicle repair or replacement costs, are also subject to the same 6-year statute of limitations, running from the date of the accident.

Wrongful death claims

The wrongful death deadline changed in 2023. Under Me. Rev. Stat. tit. 18-C, § 2-807, as amended by LD 934, family members or a representative of the deceased's estate have 3 years from the date of death to file a wrongful death lawsuit, extended from the prior 2-year period. When death resulted from a homicide, the deadline extends to 6 years from when the personal representative discovers the claim against the responsible person.

Claims against government entities

A claim against the State of Maine, a municipality, or a government employee follows a meaningfully different and shorter timeline than an ordinary claim. Under the Maine Tort Claims Act, written notice of the claim must be filed within 365 days of the incident. The underlying lawsuit itself must still be filed within 2 years, a separate deadline layered on top of the notice requirement. A "good cause" exception permits late notice in limited circumstances, such as when a government representative implied coverage or the claimant was incapacitated.

See our article on sovereign immunity and suing the government for the broader framework, and consider your legal options early if a government entity may be involved, given how much shorter this deadline is than the ordinary 6-year window.

Tolling and exceptions

• Minors: If the injured party is under 18 years of age, the statute of limitations is generally paused until their 18th birthday, giving them until age 24 to file an ordinary personal injury claim. For a claim against a government entity specifically, a minor has 365 days from turning 18 to file the required notice
• Delayed discovery: If injuries or damages are not immediately apparent, the limitations period may begin when the harm is discovered or reasonably should have been discovered

MVA Procedures & Police Involvement

When to report an accident

Under Me. Rev. Stat. tit. 29-A, § 2251, a "reportable accident" is one occurring on a public way, or a place where public traffic may reasonably be anticipated, resulting in bodily injury or death, or apparent property damage of $2,000 or more. This threshold is based on the market value of the necessary repairs, not capped at the vehicle's current value — so a crash that costs $2,500 to repair on a car worth only $1,500 still meets the threshold.

A reportable accident must be reported immediately, by the quickest means of communication, to a state police officer, the nearest state police field office, the county sheriff's office or a deputy, or the local police department or officer in the municipality where the crash occurred.

A note on evidentiary use

Maine has a distinctive rule worth knowing: a report or statement contained in an accident report, or testimony given at a related Secretary of State hearing, generally cannot be admitted as evidence in any later civil or criminal trial arising from the accident. It may only be admitted to prove that the reporting requirement itself was satisfied. This differs from how crash reports function in many other states, where the report itself often becomes a central piece of fault evidence.

How the investigation proceeds

Once an officer receives notification, that officer must transmit an electronic or written report to the Chief of the State Police within 5 days. Crashes involving serious bodily injury or death must be investigated by an officer meeting full-time law enforcement training standards. If the crash involves a bus or truck weighing more than 10,000 pounds and results in a death, the investigating officer must request a certified accident reconstructionist and the Bureau of State Police's Commercial Vehicle Enforcement Unit to assist.

A related duty for animal-related property damage

If a crash injures or kills a dog, cat, or livestock and the owner can't be located, the driver must still make reasonable efforts to report the injury or death to law enforcement or the local animal control officer, even if the $2,000 threshold isn't otherwise met. Given Maine's wildlife collision risk discussed later in this page, this specific reporting duty is worth knowing.

Filing your own report

If law enforcement doesn't respond to the scene, it becomes the driver's responsibility to report. At the scene, drivers must provide their driver's license, vehicle registration, and car insurance information, along with the names and dates of birth of all passengers involved.

How to access your accident report

• Online: Reports can be purchased through the Maine Crash Reporting Online Search and Ordering Service for $10, usually available within two hours of ordering
• By written request: The Chief of the State Police may furnish a photocopy of the investigating officer's report at the requester's expense
• In person or by mail: The Maine State Police Traffic Division, 45 Commerce Drive, Augusta, ME 04333-0042
• Third-party services: Some departments, including South Portland PD, partner with BuyCrash.com

One privacy note: Maine restricts public dissemination of accident report database data more broadly than an individual report. A vehicle registration plate number from the database can only be released to someone who submits a signed affidavit stating they won't use it to identify or contact a person, or share it further.

Failing to report

Knowingly failing to report a reportable accident is a Class E crime, punishable by up to 6 months in jail and/or a $1,000 fine. The same penalty applies to giving a false name or address when an officer requests it at the scene.

Compensation: Types & Limits

Economic damages

Maine places no cap on economic damages in an ordinary motor vehicle accident claim. Victims can recover the full extent of measurable financial losses, including medical expenses, property damage, and lost wages. Recovery is often limited in practice by the at-fault driver's policy limits; for damages exceeding those limits, victims can turn to their own UM/UIM coverage or pursue legal action directly against the at-fault driver.

Non-economic damages

Non-economic damages in an ordinary personal injury claim are also uncapped, allowing recovery for pain and suffering, emotional distress, and loss of enjoyment of life based on the severity of the injury and its effect on the victim's life. This is separate from the wrongful death cap discussed below, which applies only when the crash results in death.

Punitive damages

As discussed in the introduction to this page, punitive damages in an ordinary Maine car accident claim are not capped by statute, but they are rare: a claimant must prove by clear and convincing evidence that the defendant acted with express or implied malice, under Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985). Gross negligence or recklessness alone isn't enough. A statutory cap applies only in wrongful death claims specifically, discussed below.

Wrongful death damages

When a crash results in death, surviving family members or the estate may pursue a wrongful death claim under Me. Rev. Stat. tit. 18-C, § 2-807. Economic damages and funeral expenses remain fully recoverable without a cap. Non-economic damages for loss of comfort, society, and companionship are capped at $1,000,000, adjusted annually for inflation, for deaths on or after July 6, 2023; deaths before that date remain governed by the older $750,000 cap. Punitive damages in a wrongful death claim are capped at $500,000 for deaths on or after that same date, or $250,000 for earlier deaths.

One procedural point worth noting: if the deceased experienced conscious pain and suffering before dying, that claim must be brought within the same wrongful death lawsuit, not as a separate action, which is a different approach than some other states in this series that treat the deceased's pre-death claim as an entirely separate survival action.

Claims against government entities

As discussed in the Statute of Limitations section above, government claims are capped at $400,000 per occurrence, or at the amount of the entity's insurance coverage, whichever is higher. Punitive damages are never available.

Medical Coverage Considerations

The at-fault driver's liability insurance

As discussed in the Insurance section above, the at-fault driver's liability coverage is the primary source of recovery for your medical bills, but only after fault is established, and only up to the policy's limits. At Maine's minimum of $50,000 per person, that coverage can be exhausted quickly in a serious crash.

Medical Payments (MedPay)

MedPay is genuinely mandatory in Maine, at a $2,000 per person minimum, and it pays immediately, regardless of fault, without waiting for a liability determination. Because it doesn't depend on establishing who caused the crash, MedPay is typically the first source of payment for medical costs after a Maine accident, well before any liability claim resolves. Given how quickly $2,000 can be exhausted, carrying a higher limit, up to $25,000 or more, is worth considering.

Health insurance

Once MedPay is exhausted, or for costs it doesn't cover, health insurance typically steps in. Most health insurers will assert a subrogation lien on any settlement or judgment you later receive from the at-fault driver, requiring reimbursement from your recovery. Understanding your plan's subrogation terms before settling is important.

Uninsured and underinsured motorist coverage

If the at-fault driver has no insurance or insufficient coverage, UM/UIM, discussed in the Insurance section above, becomes the relevant recovery source for medical expenses beyond what the at-fault driver's policy can pay. Our article on what to do if you're in an accident with an uninsured driver covers how these claims work in practice.

Government assistance programs

Medicaid, Medicare, and TRICARE can provide financial support for eligible individuals' accident-related medical care, including surgeries, rehabilitation, and long-term care. These programs generally require timely reporting of the claim and may seek reimbursement from any settlement you receive, so proper documentation and compliance with program rules matter.

Unique Local Factors

Weather and road conditions

Maine's climate creates seasonal driving hazards throughout the year. Winter brings snow, ice, and freezing rain across the state's long winters, with black ice a frequent hazard on rural and shaded roads, especially in the early morning. Coastal areas, particularly near Portland and Bar Harbor, experience dense fog that reduces visibility. Spring thaw produces potholes and freeze-thaw road damage that require ongoing repair and create their own driving hazards.

Moose and wildlife collisions: a genuinely distinctive Maine hazard

Wildlife collisions are far more consequential in Maine than in most states covered in this series, and moose specifically deserve more than a passing mention. A peer-reviewed study of Maine crash data from 2003 to 2017 documented 7,061 moose collisions and over 50,000 deer collisions during that period, with 26 of the moose collisions resulting in a human fatality. Maine accounts for the majority of moose-vehicle collisions across the broader New England region. Unlike the fall-focused framing common for deer collisions, Maine's moose collisions peak in late spring and summer, with the highest daily risk just after sunset and a secondary peak near sunrise.

Moose present a distinctive danger compared to deer: their height means a collision often sends the animal's body through the windshield rather than under the vehicle, making moose strikes disproportionately severe relative to their frequency. This connects to a separate reporting duty covered earlier on this page: even if the animal is below the $2,000 threshold, an ownerless dog, cat, or livestock struck in a crash must still be reported to law enforcement or animal control.

Rural roads and limited lighting

Many of Maine's roads are unlit, making nighttime driving particularly hazardous, and narrow, winding roads are common in remote areas. A distracted driver on Maine's narrow, unlit rural roads faces less margin for error than on a well-lit highway.

Tourism and events

Maine's tourism season brings substantial seasonal traffic. Fall foliage draws heavy traffic along coastal Route 1 and through Maine's inland mountain and lakes regions. Summer festivals, including the Yarmouth Clam Festival and the Maine Lobster Festival, bring surges of visitors to local towns. Acadia National Park and Old Orchard Beach see significant congestion during peak season, and holiday weekends including Memorial Day, the Fourth of July, and Labor Day bring heightened traffic near coastal towns and campgrounds. An out-of-state or unfamiliar driver's lack of local road knowledge doesn't reduce their legal duty of care under Maine's comparative negligence standard.

Local Resources & Contacts

Maine Department of Transportation (MaineDOT)
Provides road condition updates, construction project information, and highway safety data.

• Website: maine.gov/mdot
• Phone: (207) 624-3000
• Contact Us page

Maine Bureau of Insurance
Handles insurance complaints, coverage disputes, and consumer questions about minimum coverage requirements.

• Website: maine.gov/pfr/insurance
• Address: 34 State House Station, Augusta, ME 04333
• Consumer hotline: (800) 300-5000; local: (207) 624-8475

Maine State Police
Handles accident reports, traffic enforcement, and crash data.

• Website: maine.gov/dps/msp
• Phone: (207) 624-7076

Maine Attorney General's Office
Where a written notice of tort claim against the State of Maine, discussed in the Statute of Limitations section above, should be filed, along with the responsible state agency.

• Website: maine.gov/ag
• Address: 6 State House Station, Augusta, ME 04330-0006
• Phone: (207) 626-8800
• Email: [email protected]

Maine Office of the State Controller, Risk Management
Handles liability claims and coverage determinations for accidents involving state vehicles or employees under the Maine Tort Claims Act. Any claim against a state agency or employee should be reported here immediately, except claims involving MaineDOT, which route through that department's own Legal Services division.

• Website: maine.gov/osc/risk-management
• Phone: (800) 525-1252

For accident laws in other states, visit our state-specific legal information page.