Maine Car Accident Compensation Laws

Maine car accident compensation laws follow a modified comparative fault system, meaning the plaintiffs can recover for damages if they are less than 50% at fault. Their percentage of fault reduces their compensation.

Car accidents are very common, with over 15,000 happening every day in the U.S. Most car crashes are minor, allowing the people involved to escape without personal injury. Even a minor fender-bender can cause significant property damage.

Regardless of how serious your motor vehicle accident is, you should familiarize yourself with Maine’s car accident compensation laws. This will give you the best chance of recovering the damages you deserve.

This article examines the car accident compensation laws in the state of Maine, including the types of damages your car accident attorney can demand. It also explains what happens when the plaintiff in a car accident claim was partly at fault for the collision.

If you’ve been the victim of a serious auto accident, contact a skilled Maine car accident attorney. They’ll review your claim and give you an idea of what it may be worth.

Maine Car Accident Compensation Laws: Summary

If you believe you have a personal injury claim against the at-fault party in your car accident, you should research Maine’s car accident laws. To help, we’ve gathered essential portions of the Maine laws governing car accident lawsuits and fair compensation for accident victims.

Statute of Limitations

• Six years for personal injury lawsuits (Maine Revised Statutes § 752)
• Six years for property damage (Maine Revised Statutes § 752)
• Six years for wrongful death (Maine Revised Statutes § 2-807)

In most instances, the statute of limitations period begins on the date of your auto accident.

Limits on Damages

Wrongful death damages cannot exceed $1 million as of 2024 (Maine Revised Statutes § 2-807)

Partial Fault and Financial Recovery

Modified Comparative Fault System – A plaintiff can recover damages as long as they are less than 50% at fault. The court will reduce their damages by their percentage of fault. (Maine Revised Statutes § 156)

Partial Fault in Maine Car Crashes

To file a valid insurance claim, you must demonstrate that the other driver was at fault. The same is true for a personal injury lawsuit. Maine is a fault state, which means a claimant must prove the other driver caused the accident.

During the claims process, the plaintiff must prove that the other motorist was at fault and that they were less than 50% responsible for the crash. This is because Maine follows the modified comparative negligence rule.

According to this rule, a plaintiff can only recover damages if they are less than 50% responsible for their motor vehicle accident. If the other driver or their insurance company can demonstrate that you were more than 50% at fault, you will not recover compensation. In fact, if you’re 51% or more at fault, the other driver can file a legal claim against you.

Under the modified comparative negligence rule, the courts will reduce a plaintiff’s claim by their percentage of fault. For example, if you sue the other driver for $100,000 in damages and their insurance company can prove that you were 30% at fault for the crash, the judge will reduce your damages by 30%, or $30,000.

Types of Damages Allowed in Maine

One of the first questions accident victims ask their car accident attorney is how much their claim is worth. Some plaintiffs believe they can sue the other driver for millions of dollars. In reality, you can only demand damages for injuries you actually suffered.

To recover damages in a car accident lawsuit, you must prove that you suffered bodily injury or property damage. Your attorney must submit evidence to support your claim for damages. This may include medical records, copies of medical bills, and other documentation.

Most car accident victims demand the following types of damages in their car accident claim:

• Medical bills
• Future medical expenses/future medical treatment
• Lost wages
• Lost future income
• Property damage
• Pain and suffering
• Emotional distress
• Punitive damages (in limited cases)

Maine’s insurance requirements demand that all Maine drivers maintain medical payments coverage of at least $2,000 per person. Therefore, there’s a chance your insurance carrier will cover part of your medical bills. The other driver’s insurance should cover some as well.

The hope is that the other driver’s insurance coverage is enough to pay your full claim. This isn’t always the case. If the other driver only has liability insurance, it may not cover your entire claim. Depending on the severity of your injuries, liability coverage may not cover your medical bills, let alone other damages.

Some drivers carry the minimum amount of insurance required by state law. If this is the case, you’ll have to sue the driver personally for the amount not covered by the insurance company.

The possibility exists that the insurance adjuster handling your claim may not believe your damages are reasonable. They can contend that you caused the accident or that you’re exaggerating your bodily injuries.

The police officer who investigated the accident scene may report that there was minimal damage to your vehicle. If you demand $25,000 in property damage, the insurance company will likely deny this part of your claim.

Wrongful Death Suits Under Maine Law

Most car accident claims involve a Maine driver suing another driver for damages. However, if a loved one dies in an automobile accident, your family may have a claim for wrongful death.

Wrongful death claims allow family members to sue for damages on behalf of the victim in a fatal car crash. They can also sue for damages on behalf of the victim’s family. In a wrongful death claim, the plaintiff must prove the same things the victim would have to prove in a traditional car accident lawsuit. They must also prove their damages.

Under Maine law, only the personal representative of the decedent’s estate can sue for wrongful death. The victim’s family members do not have standing to sue.

Limits on Damages in Maine

Maine law does not limit how much a person can demand in a personal injury or car accident case. Keep in mind that the insurance company will only pay up to the limits on the other driver’s policy. The driver will be liable for any damages above and beyond this amount.

Maine caps compensatory damages in wrongful death cases at $1,000,000. Punitive damages cannot exceed $500,000.

Most Car Accident Claims Settle Out of Court

Regardless of whether the insurance company pays your insurance claim, there is a good chance your case will settle out of court. If your personal injury lawyer cannot negotiate a settlement offer with the insurance adjuster, they’ll file a lawsuit against the other driver.

Just because you file a lawsuit does not mean your case will go to trial. There are many advantages to settling your case rather than going to trial.

Some of these advantages include:

• There’s no guarantee you’ll win at trial
• Trials are expensive and time-consuming
• It may take years for your case to go to trial
• With a settlement, you walk away with a lump sum

Questions About Car Accident Settlements in Maine? Seek Legal Advice From an Attorney

If you were involved in a serious car accident, you may be entitled to significant compensation. While every case is different, there’s a good chance the at-fault driver’s insurance company will be liable for any damages you suffer.

The best way to know for sure is to talk to an experienced Maine car accident lawyer. Not only must you file your claim before the statute of limitations expires, but you’ll also need someone to help you stand up to the car insurance companies.

Whether you live in Portland, Bangor or Augusta, there are seasoned car accident attorneys near you. If someone else is responsible for your crash, you owe it to yourself to pursue damages. Your lawyer can help make that happen. If the other driver didn’t have auto insurance, your lawyer can help you file a claim under your uninsured or underinsured motorist’s insurance policy.