Car accident injury claims in Maine
In Maine, an injury claim runs through the at-fault driver's insurer — and how much you can recover turns on the state's fault rule, coverage minimums, and a filing deadline that's easy to miss. Here's what shapes an injury claim in Maine.
Maine at a glance
- Fault rule
- Modified comparative — 50% bar
- No-fault state?
- No
- PIP / no-fault coverage
- NO PIP. Maine is an AT-FAULT state with no mandatory PIP. MedPay is MANDATORY at a $2,000 minimum under 29-A M.R.S. § 1605-A.
- Minimum liability coverage
- 50/100/25 ($50K BI per person / $100K BI per accident / $25K PD) under 29-A M.R.S. § 1605, PLUS mandatory $2,000 MedPay (§ 1605-A), mandatory $50K/$100K UM/UIM matching liability (§ 2902), and mandatory $500 tow/storage coverage (§ 1605-B, added 2023 PL ch. 395). A $125,000 combined single limit also satisfies. ME ties AK/VA at the high end of the US distribution ($50K BI per person).
- Time limit for an injury claim
- 6 years
You can recover only if you were less than 50% at fault; your award is reduced by your share.
This is an at-fault (“tort”) state — the at-fault driver's insurer is responsible for injury damages.
Generally measured from the date of the accident.
How fault works in Maine
14 M.R.S. § 156 — modified comparative fault. Recovery is barred when the claimant is "equally at fault" (50%+); recovery is permitted only when the plaintiff's fault is LESS THAN the defendant's (plaintiff at 49% recovers; plaintiff at 50% recovers $0). Maine's reduction is unique — the jury reduces damages "to such extent as the jury thinks just and equitable," not by a strict mathematical percentage. ME joins the 9-state strict "49%-bar / less-than-50%" cluster (AR/CO/GA/KS/ME/ND/OK/TN/UT), distinct from the true "50%-recovers" cluster (OH/IL/MA/MN).
Paying for injuries in Maine
Maine is an AT-FAULT state with NO PIP. 24-A M.R.S. § 2902 governs UM/UIM, NOT PIP. MedPay is MANDATORY at a $2,000 minimum under 29-A M.R.S. § 1605-A. There is NO tort threshold — noneconomic damages are recoverable from accident #1 subject to § 156 comparative-fault reduction. Medical bills route to the health insurer first (subject to subrogation/lien and ERISA preemption for self-funded plans), with recovery sought from the at-fault driver's BI liability and the claimant's own UM/UIM if the at-fault driver is uninsured/underinsured.
How Moe handles injury claims in Maine
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Maine’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Maine injury claims — common questions
- Is Maine a no-fault state?
- No. Maine is an at-fault (“tort”) state — the driver who caused the crash, through their insurer, is responsible for the injury damages. You generally pursue the at-fault driver's insurer rather than your own.
- What is Maine's fault rule for a car accident?
- Maine follows modified comparative — 50% bar. You can recover only if you were less than 50% at fault; your award is reduced by your share.
- How long do I have to file an injury claim in Maine?
- In Maine the statute of limitations for a personal-injury claim is generally 6 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.
Learn more
Sources
This page summarizes Maine’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.