Maine Car Accident Settlement Process and Timeline

The car accident settlement process and timeline in Maine can range from several months to several years depending on the severity of personal injury and property damage and whether a lawsuit is filed.

Most of us will be in a car accident at some point. Most car accidents are minor, and the biggest injury might be to our ego. Still, even minor fender-benders can result in serious injuries. When this happens, what are you supposed to do?

What you do in the moments immediately following a motor vehicle accident is critical. Not only is it essential that you protect your health, but you also want to preserve evidence for car accident claim you may have.

This article explains what to do after your Maine car accident. It also outlines the Maine car accident settlement process and timeline so you'll know what to expect in the weeks and months following the collision.

If you’ve recently suffered an injury in any type of motor vehicle accident, consider speaking with a car accident lawyer. We've also included a section at the bottom of this page with links to other helpful FindLaw articles.

Steps To Take Immediately After Your Maine Car Accident

Your actions after a car crash will affect your legal options. What may not seem like a big deal at the time could make or break your ability to collect collect damages. To increase your chances of receiving compensation for medical bills, lost wages, and property damages, take the following steps immediately after your Maine motor vehicle accident:

• Call 911: Regardless of how minor the crash may seem, it's a requirement in Maine to call 911 after an auto accident. The law enforcement officers will investigate the accident scene and collect all pertinent information from the other driver(s). They’ll also gather any witness statements. You’ll need this information for your car accident claim. Your car accident attorney will also need a copy of the police report if you intend to sue.
• Always call the police: It’s worth noting that you should never agree not to call the police. If the other driver asks you to do this, there must be a reason. Perhaps they don’t have a valid driver’s license or car insurance. They may be under the influence of drugs or alcohol and don’t want the police to arrest them. No matter how tempted you are to exchange information and be on your way, always wait for the police to arrive.
• Exchange information with the other motorist: While waiting for the police to arrive, attempt to exchange information with the other driver. This includes their driver’s license, registration, and insurance information. If they refuse to provide this information, wait for the police to collect it.
• Take pictures and videos: If you can, use your cell phone to take photos and a video of the accident scene. If the other driver flees the scene, you’ll need this information for your attorney.
• Seek medical treatment if necessary: Some people assume that they’re okay in the moments after an auto accident. You may have suffered a car accident injury you're not immediately aware of. If you don’t go to the emergency room, your car accident lawyer will have no way to prove you’re entitled to financial compensation.

Reporting a Car Accident Under Maine Law

Every state has unique laws regarding the reporting of car accidents. Under Maine law, you must report a motor vehicle accident under certain circumstances.

These circumstances include:

• The accident causes bodily injury or death
• There is apparent property damage of $1,000 or more

You must immediately report an accident by the quickest means of communication, such as a cell phone, to a state police officer or deputy sheriff.

Maine Car Insurance Laws

One of the primary reasons state laws require drivers to maintain insurance coverage is to ensure the state isn’t financially responsible for any injuries or property damage that results from a motor vehicle accident.

Maine drivers must carry the following types of coverage:

• Liability insurance
• Medical payments coverage
• Uninsured and underinsured motorist coverage

The following minimum amounts of coverage are required:

• $50,000 coverage for bodily injury/death per person
• $100,000 in total bodily injury or death per accident (if multiple people suffer an injury)
• $25,000 for property damage

Regarding medical payment coverage, Maine motorists must hold a minimum of $2,000 of medical payment coverage on their car insurance policy. Uninsured motorist coverage pays the expenses for any passengers who suffer a car accident injury while in your vehicle.

If a driver fails to maintain these minimum requirements, they will face possible fines and the suspension of their driver’s license.

Filing a Personal Injury Lawsuit After Your Auto Accident

Insurance providers pay most car insurance claims without issue. However, there are times when the insurance adjustor decides to deny an accident victim’s claim. It all depends on the nature of the accident and who the insurance company believes is at fault for the crash.

Some of the reasons the insurance carrier may deny your claim include:

• The other driver’s insurance policy was cancelled or lapsed for non-payment
• The insurance company denies your claim for being untimely
• The insurance adjuster believes you were at fault for the crash
• The insurance carrier does not believe you suffered any injury
• The claim is large, and the insurance company thinks it can settle for less money if the case goes to court

If the insurance carrier denies your claim, you may have to sue the other driver in civil court. Once this happens, the insurance company must represent the other driver in the lawsuit.

Just because you filed suit does not mean your case will go to trial. Most people who file car accident claims settle their cases long before a court appearance would happen.

Benefits of Settling Your Maine Car Accident Case

Over 95% of all car accident lawsuits settle out of court. This is why seeking out legal advice after a denial is a good idea.

Once your attorney determines that you have a valid claim for damages, they will contact the insurance adjuster handling your claim. If the insurance company still refuses to pay your claim, your attorney will attempt to elicit a settlement offer.

The insurance company knows it makes sense to entertain an auto accident settlement. Your attorney also recognizes the benefits of settling your personal injury case before it gets to a courtroom. Sometimes, this is the best way to recover your out-of-pocket expenses and fair compensation for your injuries.

Some of the advantages of negotiating a personal injury settlement include the following:

• There is no guarantee that you’ll win if your case goes to trial
• It can take months or years for your case to go before a judge
• With a settlement, you’ll walk away with a lump sum
• Over time, evidence like witness statements can go stale, making it more difficult to prove your case at trial
• While the payout in an out-of-court settlement is less than your full demand, it is a guaranteed amount of compensation

Your Maine car accident attorney will not accept a settlement that doesn’t cover your out-of-pocket expenses. Remember that the purpose of filing a car accident lawsuit is to make you whole, not to make you rich. You can only collect compensation for injuries you actually suffer as a result of your car wreck.

Car Accident Settlements in Maine

Maine follows the traditional traditional fault system system regarding car accidents and insurance laws. A person at fault for the accident is financially responsible for damages and injuries.

If you suffer a car accident injury and it is the other driver’s fault, you have several options:

• File a claim under your insurance policy
• File a claim directly with the other motorist's insurance company
• File a personal injury lawsuit directly against the other driver

You cannot file suit against the auto insurance company. To receive damages, you'll sue the other driver personally.

When you file a claim with an insurance company, it will assign an insurance adjuster to investigate your claim and determine your damages. The adjuster will then either approve or deny your claim.

The insurance company can make a settlement offer rather than agreeing to pay the claim in full. If you don’t believe the settlement amount is fair, you can appeal it to the claim’s supervisor. The same is true if the insurance adjuster denies your claim outright.

If you cannot resolve things with the insurance provider, you can file a complaint with the Maine Bureau of Insurance online or by mail. The Bureau will investigate your complaint and determine if the insurance company acted in compliance with Maine laws. The Bureau does not make liability decisions, nor can it force insurance companies to pay your claim.

Average Car Accident Settlement Amounts in Maine

One of the first questions new clients ask their car accident lawyer is how much their case is worth. Since every accident is unique, there's no set formula to calculate a person’s damages. Most auto accident claims include a demand for the following types of damages:

• Medical expenses
• Compensation for future medical treatment
• Property damage
• Lost wages
• Lost future income
• Pain and suffering

You can demand damages even if the other driver wasn’t 100% at fault. Under Maine law, an accident victim can still pursue compensation if they were partially at fault for the crash. This is because Maine follows the modified comparative negligence rule.

If a driver is less than 50% at fault for their motor vehicle accident, they can pursue a claim against the at-fault driver. The court will reduce your damages by your percentage of fault. For example, if you sue the other driver for $100,000 and the court determines that you were 10% at fault, you would receive $90,000 as an award.

Car Accident Settlement Timeline in Maine

It’s impossible to say precisely how long it will take for your car accident claim to settle. Regardless of where you live, settling your car accident case can take weeks, months, or even years. Your car accident lawyer will do whatever they can to negotiate a fair settlement in a reasonable amount of time.

A car accident settlement timeline depends heavily on how the other driver’s insurance company acts. They may settle your claim quickly if they agree that their driver was at fault, but disagree on how much compensation you deserve.

If the insurance provider believes you were at fault for the crash or are exaggerating your injuries, it can take years to negotiate a payout.

How Long Do I Have To File a Maine Car Accident Lawsuit?

Every state has specific laws that dictate how long a person has to file a personal injury lawsuit. According to Maine’s civil statute of limitations, a person has six years to file a car accident claim.

The statute of limitations starts on the date of the auto accident. Once the statute of limitations period is over, you can no longer file a legal claim. This is why it’s best to have an experienced car accident lawyer handle your claim. Not only do they know how to negotiate a fair settlement, but they also understand the local laws and court rules.

A Maine Car Accident Attorney Can Help

If your car accident is minor and there's no dispute, there’s a good chance the insurance company will pay your claim without any problems. However, if the other driver blames you or the insurance company refuses to pay your claim, you may require some help.

When there's a legitimate personal injury claim, bringing in an experienced Maine personal injury lawyer is a smart move. They’ll review your case, gather evidence, and negotiate with the insurance adjuster on your behalf.

Schedule your free case evaluation with a skilled personal injury attorney as soon as possible after the crash so you don’t miss the statute of limitations.

Related FindLaw Resources

• Car Accident Lawsuit Basics
• Car Accident Claims and Settlements
• Car Accident Settlement Process and Timeline
• Going to Court and Your Car Accident Settlement