All Laws Decoded

Car Accident Claims in Maine

Minimum car insurance in Maine, whether the state is no-fault, how fault is shared, and the deadline to sue after a crash.

Short answer: A 'reportable accident' is one on a public way or a place where public traffic is expected that causes bodily injury, death, or apparent property damage of $2,000 or more (based on the market value of needed repairs). 29-A M.R.S. § 2251(1)-(2)

Reporting a crash to policeA 'reportable accident' is one on a public way or a place where public traffic is expected that causes bodily injury, death, or apparent property damage of $2,000 or more (based on the market value of needed repairs). It must be reported immediately, by the quickest means, to a state police officer or field office, the county sheriff's office or a deputy, or the local police department or officer. The operator, someone acting for the operator, or (if the operator is unknown) an owner who knows of the accident must make the report.
The investigating officer must send a report to the Chief of the State Police within 5 days of notification (§ 2251(4)).
Crash report to the DMVMaine does not require a separate driver-filed written report to the Secretary of State; the former 48-hour report was repealed. The State Police receive accident reports and send them to the Secretary of State. An owner or operator must give the Secretary of State any additional information it requires to decide whether proof of financial responsibility is needed.
Accident reports are for statistics and accident prevention and generally cannot be used as evidence at trial (§ 2251(7)). The State Police chief may provide a copy of the officer's report on written request, at the requester's cost.
Leaving the scene (hit and run)An operator in a crash causing injury or death must stop at or return to the scene, stay, give name, address and registration number, let the other person see the driver license on request, show proof of insurance on request, and give reasonable help to anyone injured. For damage to an attended vehicle, the operator must stop and give the same information; for an unattended vehicle, notify the owner or leave a note with name, address, registration number and what happened; for other property damage (including injury or death of a dog, cat or livestock), take reasonable steps to notify the owner. Failing to stop or help after an injury crash is a Class D crime, or a Class C crime if done intentionally, knowingly or recklessly and the crash caused serious bodily injury or death. Leaving after damaging a vehicle or property is a Class E crime. Failing only to show proof of insurance is a traffic infraction.
Vehicle damage: https://legislature.maine.gov/statutes/29-A/title29-Asec2253.html ; unattended vehicle: https://legislature.maine.gov/statutes/29-A/title29-Asec2254.html
Minimum car insuranceProof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges.
Fault rule (comparative negligence)Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover.
Maine's statute reduces damages by a dollar amount the jury considers fair, not strictly by percentage.
Deadline to sue for an injurySix years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.
Some injury claims have shorter special deadlines, such as medical malpractice (3 years), wrongful death (3 years) and claims against governmental entities (2 years).
Deadline to sue for property damageSix years under Maine's general limitation period for civil actions.

More Maine personal injury & wrongful death

FAQ

When do you have to report a car accident to the police in Maine?
A 'reportable accident' is one on a public way or a place where public traffic is expected that causes bodily injury, death, or apparent property damage of $2,000 or more (based on the market value of needed repairs). It must be reported immediately, by the quickest means, to a state police officer or field office, the county sheriff's office or a deputy, or the local police department or officer. The operator, someone acting for the operator, or (if the operator is unknown) an owner who knows of the accident must make the report.
Do you have to report a car accident to the DMV in Maine?
Maine does not require a separate driver-filed written report to the Secretary of State; the former 48-hour report was repealed. The State Police receive accident reports and send them to the Secretary of State. An owner or operator must give the Secretary of State any additional information it requires to decide whether proof of financial responsibility is needed.
What are your duties after a car accident in Maine?
An operator in a crash causing injury or death must stop at or return to the scene, stay, give name, address and registration number, let the other person see the driver license on request, show proof of insurance on request, and give reasonable help to anyone injured. For damage to an attended vehicle, the operator must stop and give the same information; for an unattended vehicle, notify the owner or leave a note with name, address, registration number and what happened; for other property damage (including injury or death of a dog, cat or livestock), take reasonable steps to notify the owner. Failing to stop or help after an injury crash is a Class D crime, or a Class C crime if done intentionally, knowingly or recklessly and the crash caused serious bodily injury or death. Leaving after damaging a vehicle or property is a Class E crime. Failing only to show proof of insurance is a traffic infraction.
What is the minimum car insurance required in Maine?
Proof of financial responsibility for each registered vehicle must be at least $50,000 per person and $100,000 per accident for bodily injury or death, $25,000 for property damage, $2,000 in medical payments coverage and $500 for towing and storage charges.
Can you recover damages if you were partly at fault in Maine?
Modified comparative negligence. A claim is not defeated by the injured person's own fault, but the damages are reduced by the amount the jury thinks just and equitable given the claimant's share of responsibility. The statute provides that a claimant found by the jury to be equally at fault may not recover.
What is the statute of limitations for personal injury in Maine?
Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.
How long do you have to sue for property damage in Maine?
Six years under Maine's general limitation period for civil actions.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.