Maine Motor Vehicle Accident Laws

Insurance Requirements

System type: Maine operates under a fault-based insurance system, meaning that the driver determined to be at fault for an accident is financially responsible for the resulting damages. Victims can pursue compensation through the at-fault driver’s insurance, their own medical payments (MedPay) coverage, or, if necessary, legal action.

Minimum coverage requirements: Maine law mandates that all drivers carry the following minimum levels of auto insurance:

• Liability insurance:
  • $50,000 for bodily injury or death per person
  • $100,000 for total bodily injury or death per accident
  • $25,000 for property damage per accident
  • A combined single limit of $125,000 satisfies these requirements
• Medical Payments (MedPay): $2,000 per person for medical expenses, regardless of fault. Higher limits are available at additional cost
• Uninsured/underinsured motorist (UM/UIM) coverage: $50,000 per person and $100,000 per accident, which protects you if the at-fault driver lacks sufficient insurance. If you opt for higher liability limits, your UM/UIM coverage must match unless you reject this in writing

Penalties for non-compliance: Driving without insurance in Maine carries significant penalties, including fines ranging from $100 to $500, suspension of your driver’s license and vehicle registration, and restrictions on applying for reinstatement until proof of financial responsibility is provided. Additional costs may include reinstatement fees and increased insurance premiums. 

Rideshare drivers: Maine requires rideshare drivers, such as those with Uber or Lyft, to carry specific coverage:

• App on, but no passenger (Period 1): Minimum liability limits of $50,000 per person, $100,000 per accident, $25,000 for property damage, and $2,000 in MedPay coverage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage and UM/UIM coverage, with optional collision and comprehensive coverage requiring similar personal policies

By adhering to these requirements and considering optional enhancements, Maine drivers can ensure financial protection in case of an accident.

Optional enhancements: While the minimum requirements provide basic protection, additional coverages are available to better safeguard against financial losses:

• Collision coverage: Covers damages to your vehicle regardless of fault
• Comprehensive coverage: Protects against non-collision incidents such as theft or weather-related damage
• Higher MedPay limits: Options such as $5,000 or $10,000 can provide more robust medical expense coverage
• Rideshare endorsements: Provides necessary coverage for drivers working for companies like Uber and Lyft during “Period 1” (logged into the app but not actively transporting passengers)

Fault Laws

Modified comparative negligence in Maine

Maine follows a modified comparative negligence system, which means that accident victims can recover damages even if they share some responsibility for the crash, provided their fault does not exceed 50%. Compensation is reduced in proportion to the victim’s degree of fault. For example, if a driver is found 20% at fault for an accident resulting in $50,000 in damages, they can recover $40,000. However, if the victim is determined to be 51% or more at fault, they are barred from recovering any compensation.

This system emphasizes the importance of evidence, such as police reports, witness statements, and photographs, to establish fault and ensure fair compensation. Insurance adjusters and courts rely on these details to determine liability in claims and lawsuits.

Multi-vehicle collisions

In accidents involving multiple parties, fault is allocated among all drivers based on their contributions to the collision. Maine’s modified comparative fault system applies to these cases, ensuring that compensation is adjusted according to each party’s share of responsibility. These scenarios often require detailed documentation and professional legal guidance to navigate the complexities of fault determination and financial recovery.

Special considerations for passengers

Passengers injured in Maine car accidents have the right to pursue compensation from any at-fault party, whether it is the driver of the vehicle they were in or another involved driver. However, compensation may be reduced if the passenger’s own actions—such as failing to wear a seatbelt—contributed to their injuries.

Statute of Limitations

Personal injury claims: Maine law allows accident victims six years from the date of the accident to file a personal injury lawsuit. This generous timeframe provides flexibility for those dealing with medical recovery or prolonged negotiations with insurance companies. However, initiating the process promptly is recommended to preserve evidence and maintain the strength of your claim.

Property damage claims: Claims for property damage, such as vehicle repairs or replacement, are also subject to the six-year statute of limitations. This timeline starts on the date of the accident.

Wrongful death claims: In fatal accidents, family members or representatives of the deceased have two years from the date of death to file a wrongful death lawsuit. This shorter timeframe requires swift legal action to seek justice and compensation.

Exceptions to the statute of limitations:

• Minors: If the injured party is under 18, the statute of limitations is paused until their 18th birthday, giving them until age 24 to file a claim
• Delayed discovery: If injuries or damages are not immediately apparent, the timeline begins when the harm is discovered or reasonably should have been discovered
• Government claims: Accidents involving public entities often have stricter deadlines, requiring formal notice within a shorter period, such as 90 days to one year

Accident Reporting Requirements

When to report an accident

In Maine, drivers are legally required to report a motor vehicle accident under the following circumstances:

• Personal Injury or death: If anyone involved in the accident is injured or killed
• Property damage: If the combined property damage to all vehicles or property exceeds $1,000

Accidents must be reported immediately using the quickest means of communication. Depending on the location of the crash, this can include contacting the local police department, sheriff’s office, or the Maine State Police.

Failure to report an accident meeting these criteria is considered a Class E crime, punishable by up to six months in jail, a $1,000 fine, and possible suspension of driving privileges.

Filing accident reports

If law enforcement responds to the scene, the officer will prepare an official accident report, fulfilling the legal requirement for reporting. If law enforcement does not respond, it becomes the driver’s responsibility to report the accident. Reports must be made to the jurisdiction where the crash occurred, which could include the local police departments, county sheriff’s offices, or Maine State Police field offices. Drivers are required to provide their license, registration, and insurance information, along with the names and dates of birth of all passengers involved.

How to access accident reports

Accident reports are crucial for resolving insurance claims and potential legal actions. In Maine, you can obtain these reports through the following methods:

• Online: Reports can be purchased via the Maine Crash Reporting Online Search and Ordering Service. Reports cost $10 and are usually available within 24 hours after submission to the database
• In-person or by mail: Visit or send a request to the Maine State Police Traffic Division at:
  • 36 Hospital Street, Augusta, ME 04333
• Third-party services: Certain police departments, like South Portland PD, partner with services such as BuyCrash.com for easier access to reports

When requesting a report, be prepared to provide details such as the date and location of the crash, names of involved parties, and the investigating agency.

Additional considerations

Private property accidents: While accidents on private property, such as parking lots, may not require law enforcement involvement, drivers should still exchange information, document the scene with photos, and report the incident to their insurer.

Hit-and-run incidents: If another driver leaves the scene, report the incident immediately to law enforcement and provide as much identifying information about the fleeing vehicle as possible.

Wildlife collisions: Accidents involving animals like deer are common in Maine. If property damage exceeds $1,000 or there is injury, reporting is required.

For further questions or assistance, contact the Maine State Police Traffic Division at (207) 624-8944 or via email at mcrs_response@maine.gov.

Compensation Limits

Economic damages: Maine places no cap on economic damages in car accident cases. Victims can recover the full extent of measurable financial losses, which may include medical expenses, property damage repair or replacement, and lost wages. However, recovery is often limited by the at-fault driver’s insurance policy limits. For damages exceeding those limits, victims can explore their own uninsured/underinsured motorist (UIM) coverage or pursue legal action against the at-fault driver.

Non-economic damages: Non-economic damages in Maine are also uncapped, allowing victims to seek compensation for pain and suffering, emotional distress, and loss of enjoyment of life. Courts evaluate these damages based on the severity of injuries and their effect on the victim’s quality of life.

Punitive damages: Punitive damages in Maine are limited to exceptional cases of gross negligence or intentional misconduct. In wrongful death cases, punitive damages are capped at $500,000, increasing to $1,000,000 for deaths occurring after 2024. Claims against government entities do not allow for punitive damages under any circumstances. 

Claims involving wrongful death: In wrongful death claims, non-economic damages are capped at $750,000, with the limit adjusted annually for inflation beginning in 2024. Punitive damages are capped at $500,000 but will increase to $1,000,000 for deaths occurring after 2024.

Claims against government entities: Damages in claims against Maine government entities or their employees are capped at $400,000 per occurrence, covering both economic and non-economic damages. Punitive damages are not permitted in such cases.

Medical Coverage Considerations

Navigating medical coverage after a car accident in Maine is essential to managing healthcare expenses and ensuring access to necessary treatments. Maine’s system incorporates several insurance options, including liability insurance, mandatory medical payments coverage (MedPay), uninsured/underinsured motorist coverage, health insurance, and government assistance programs.

Liability insurance: Maine requires drivers to carry liability insurance, which pays for injuries and property damage caused to others in an accident. Minimum coverage limits are $50,000 per person/$100,000 per accident for bodily injury and $25,000 for property damage. However, liability insurance does not cover the policyholder’s medical expenses. If another driver is at fault, their liability insurance will cover your medical costs, but only up to the policy’s limits and after fault is established. If damages exceed these limits, additional coverage or legal action may be necessary.

Medical Payments Coverage (MedPay): Maine requires drivers to carry liability insurance, which pays for injuries and property damage caused to others in an accident. Minimum coverage limits are $50,000 per person/$100,000 per accident for bodily injury and $25,000 for property damage. However, liability insurance does not cover the policyholder’s medical expenses. If another driver is at fault, their liability insurance will cover your medical costs, but only up to the policy’s limits and after fault is established. If damages exceed these limits, additional coverage or legal action may be necessary.

Uninsured/underinsured motorist coverage (UM/UIM): Maine mandates UM/UIM coverage with minimum limits of $50,000 per person/$100,000 per accident. This coverage protects you if the at-fault driver lacks sufficient insurance or in hit-and-run cases. UM/UIM serves as a financial safety net, covering medical expenses and other damages that exceed the at-fault party’s liability limits. It’s required to match the liability coverage unless the policyholder specifically opts out in writing.

Health insurance: Health insurance often acts as secondary coverage for medical expenses not covered by auto insurance. It can cover costs after MedPay benefits are exhausted or when liability claims are delayed. However, health insurers typically seek reimbursement from settlements through subrogation, where they recover costs paid for accident-related treatments. Policyholders should coordinate carefully to minimize financial strain.

Government assistance programs: Programs like Medicaid, Medicare, and TRICARE provide essential financial support for eligible individuals. These programs cover a wide range of medical services, including surgeries, rehabilitation, and long-term care. However, they require timely reporting of accident-related claims and may recover costs from settlements. Proper documentation and compliance with program rules are crucial to avoid delays in reimbursement.

Medical Liens and letters of protection: Healthcare providers may place liens on settlements to secure payment for services rendered. Attorneys can issue letters of protection, allowing victims to access necessary care without immediate payment. Proper negotiation of these liens is critical to maximizing financial recovery while ensuring healthcare providers are compensated fairly.

Important considerations:

• Preserve documentation: Keep detailed records of all medical bills, insurance communications, and related expenses
• Seek immediate treatment: Prompt medical attention ensures your well-being and documents injuries for claims and legal purposes
• Understand timelines: Delayed treatment or failure to report injuries promptly may jeopardize claims
• Leverage MedPay: Consider increasing MedPay coverage limits for added financial security
• Consult a personal injury lawyer: Legal guidance is invaluable for navigating complex insurance issues, negotiating settlements, and managing medical liens

Unique Local Factors

Maine presents distinct challenges for drivers due to its climate, geography, and cultural influences. These factors play a significant role in creating unique driving conditions and accident risks in the state.

Weather and road conditions: Maine’s climate and natural environment often impact road safety, particularly during specific seasons.

• Winter weather: Snow, ice, and freezing rain are prevalent during Maine’s long winters, creating hazardous driving conditions. Black ice is a frequent danger on rural and shaded roads, especially during early morning hours
• Fog and coastal weather: Coastal areas, particularly near Portland and Bar Harbor, experience dense fog, reducing visibility and increasing the likelihood of accidents
• Seasonal road maintenance: The spring thaw leads to potholes and road damage from freeze-thaw cycles, requiring ongoing repairs and posing hazards to drivers 

Drivers in Maine should be prepared for seasonal weather challenges by equipping vehicles with snow tires, ensuring brakes and headlights are in top condition, and monitoring local weather advisories.

Traffic hazards and wildlife: Maine’s rural roads and highways come with a mix of challenges, including varying traffic conditions and wildlife risks.

• Rural roads and limited lighting: Many of Maine’s roads are unlit, making nighttime driving particularly dangerous. Narrow, winding roads are common in remote areas, requiring extra caution
• Wildlife crossings: Moose and deer are frequent hazards on Maine roads, particularly during dusk and dawn. Collisions with these animals can result in severe vehicle damage and injuries
• Tourist traffic: The influx of tourists during peak seasons, such as summer and fall, can lead to congestion around popular destinations like Acadia National Park, Old Orchard Beach, and the White Mountains

Drivers should reduce speeds on rural roads, use high beams when appropriate at night, and remain vigilant in areas marked for wildlife crossings.

Tourism and events: Maine’s vibrant tourism and event scene contributes to increased traffic and accident risks in key areas.

• Fall foliage season: The stunning autumn landscapes draw significant numbers of tourists, leading to heavy traffic on scenic byways such as the Kancamagus Highway and Route 1
• Summer festivals: Events like the Yarmouth Clam Festival and the Maine Lobster Festival bring surges of visitors to local towns, impacting roadways
• Holiday weekends: Memorial Day, Fourth of July, and Labor Day see heightened road traffic, especially near coastal towns and campgrounds

Drivers are advised to plan for delays during high-traffic seasons, consider alternative routes, and remain patient in congested areas.

Local Resources & Contacts

State agencies:

• Maine Department of Transportation (MaineDOT): Provides updates on road conditions, construction projects, and safety information 
  • Website: www.maine.gov/mdot
  • Phone: (207) 624-3000
• Maine Bureau of Insurance: Offers guidance on auto insurance requirements and dispute resolution
  • Website: www.maine.gov/pfr/insurance 
  • Consumer hotline: (800) 300-5000

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

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

Legal assistance: Consulting with a Maine personal injury attorney can help victims navigate the state’s fault-based insurance system, pursue compensation, and address medical liens. Attorneys can provide personalized advice on maximizing compensation for medical bills, lost wages, and other damages. Many offer free consultations to evaluate potential claims.