How to protect your rights and build a strong injury claim after a motor vehicle accident in Maine.
On average, more than 113 accidents happen on Maine roadways every day.¹
Maine is a traditional fault state. That means you are free to pursue compensation from the at-fault driver by filing an insurance claim or lawsuit. Here’s what you should know about Maine laws if you’ve been involved in an accident.
What to Do After a Maine Car Accident
Drivers who violate Maine car accident laws risk fines, traffic citations, and possible jail time, depending on the violation. Here are five steps you can take after a crash to stay on the right side of the law.
1. Stay At the Scene and Exchange Information
Maine drivers are required to stop as close as possible to the crash site and remain at the scene of an accident involving bodily injury or death.
Drivers must exchange their name and address, driver’s license number, insurance information, the registration number of the vehicle, and display their driver’s license upon request.
2. Call 911 and Help the Injured
In Maine, drivers are required to report any accident to the police that involves an injury, death, or property damage in excess of $1,000. Generally, the driver of the vehicle, or someone acting on their behalf, should report the accident.
The accident must be reported immediately to a state police officer or the nearest state police field office, or to the sheriff’s office or a deputy sheriff, or to the office of the police department.
Calling 911 can satisfy your legal obligation to report the crash.
Maine requires drivers to render reasonable assistance to car accident victims. When you call 911 to report the accident, tell the dispatcher if anyone appears to be injured or is asking for medical help.
3. Seek Prompt Medical Treatment
A sudden car accident can leave you stunned, or flood your body with adrenaline that masks symptoms of injury. Symptoms of some types of serious injuries, like brain trauma and internal bleeding, may take hours to develop.
Never refuse or delay medical attention after an accident. Delaying medical care not only endangers your health, it also gives the insurance company an excuse to deny or minimize your claim. The adjuster will contend that your injuries didn’t happen in the crash or the delay caused your injuries to be worse than they should have been.
Let emergency responders examine you at the scene. If paramedics want to take you to the hospital, go with them. If you aren’t transported to the hospital by ambulance, go to the hospital ER or an urgent care center on your own, preferably on the same day as the crash.
Tell the medical provider about every injury and symptom you’ve had since the crash, not just the most painful or obvious injuries. You’re entitled to compensation for all of your injuries, including minor injuries.
4. Gather Evidence From the Scene
Whether you file an insurance claim or a lawsuit, the burden is on you to prove the other driver caused the accident. You need evidence to show the accused driver did something wrong or failed to do what any reasonable person would do to prevent the accident.
The police crash report is strong evidence of fault, especially if the other driver was cited for a traffic violation. Other types of evidence include:
- Photographs and video of the crash scene
- Names and contact information from witnesses
- Your personal notes about the accident
5. Notify Both Insurance Companies
If you decide to handle your own car accident in Maine, you’ll need to notify both your own insurance company and the at-fault driver’s company as soon as possible after the accident. Don’t wait until you’ve fully recovered from your injuries before getting in touch with the insurance companies.
The claim process begins by notifying the at-fault driver’s insurer of your intent to file an injury claim. The insurer will likely send a letter with a claim number and the adjuster’s contact information.
You might get a call from an adjuster right away, offering you a quick settlement. The adjuster would like nothing better than to get rid of your claim fast, for as little money as possible. Offering fast cash is an adjuster tactic to see if you’re willing to take the money and go away.
It’s usually not in your best interest to settle a claim while still treating your injuries. Politely tell the adjuster you’ll get back to them when you’re ready to discuss settlement.
Why Notify Your Own Insurance Company?
Your auto policy is a legally binding contract that includes “notification and cooperation” language. The notification clause requires you to notify your insurance company of an accident right away, no matter who’s at fault. In exchange, your insurance company has a legal duty to defend you against lawsuits brought by others involved in the accident.
You could lose valuable benefits – like having an attorney hired to defend you – if you fail to promptly notify your insurance company or don’t cooperate with their accident investigation.
You have the right to consult an attorney for any type of car accident. Severe or complicated cases should always be handled by an experienced attorney to ensure the best outcome for you and your family. When you hire an attorney, they will deal with the insurance companies and protect your interests.
Maine Fault and Liability Rules
Maine is a traditional fault state. You can pursue compensation from the at-fault driver and any other parties that may be liable for your injuries. Other liable parties might be the vehicle’s owner (if not the driver), and the driver’s employer if they were on the job when the accident happened.
Before you see any compensation for your injuries, you must prove the other driver’s fault to the insurance company or a jury.
Maine Shared Fault Rules
Maine is a modified comparative fault state, also known as the 50 percent rule. This rule means you can seek compensation from the other party so long as they are more at fault than you. Your payout will be reduced by your percentage of shared fault.
Example of Modified Comparative Fault in Maine
Linda was driving along Garland Street in Bangor on a snowy evening, heading home from work. She was thinking about what to make for dinner as she approached Birch Street.
John was also traveling on Garland Street, approaching the intersection of Birch Street from the other direction. It wasn’t fully dark and hadn’t been snowing when John got in his car earlier, so he didn’t bother to turn on his headlights.
Linda didn’t see John coming when she made a left onto Garland Street. The collision with John’s car injured both drivers.
Linda was ticketed for failing to yield the right of way while making a left turn. The investigating police officer also cited John for driving without his headlights on after dark and during inclement weather.
John filed a $30,000 injury claim with Linda’s insurance company. When settlement negotiations failed, John filed a lawsuit against Linda. At trial, the jury looked at the police report and heard witness testimony about the accident. The jury found that Jon and Linda were equally to blame for the collision.
Because of Maine’s 50 percent comparative fault rule, Josh was barred from receiving compensation. He left the courtroom empty-handed.
Maine Car Accident Compensation
The average settlement for a moderate car accident claim in Maine is $40,492, with average payouts ranging from $8,401 for minor injuries to $358,889 for severe injuries.
Injury settlements in Maine can vary widely, depending on the circumstances surrounding the crash and the severity of the victim’s injuries.
For example, look at these two rear-end accident cases with low and high payouts:
- In Cumberland County, McNeil v. Hogan, CV-07-121, the plaintiff was awarded $5,000 for soft-tissue injuries by the appeals court. The lower court had only awarded $3,500.
- Also in Cumberland County, Hatcher v. House Revivers, Inc., CV-01-39, the jury awarded $600,000 to a passenger who lost his right eye after his host driver rear-ended a tractor-trailer.
Use our free Maine Personal Injury Calculator to estimate the value of a minor to moderate claim.
Factors that impact Maine car accident compensation:
- Injury severity
- Shared fault
- Available insurance coverage
- Number of vehicles involved
- Number of injured victims
Commercial vehicles, like tractor-trailers, delivery trucks, and municipal vehicles carry higher levels of liability insurance than most personal vehicles. Accidents caused by commercial drivers in large vehicles often result in more severe injuries and higher payouts.
Maine State Minimum Insurance Requirements
Anyone who owns or operates a vehicle in Maine must carry bodily injury liability insurance of at least $50,000 per person/$100,000 per accident, $25,000 for property damage, and $2,000 per person in Medical Payments Coverage.
Maine requires at least $50,000 per person/$100,000 per accident in uninsured motorist (UM) and underinsured motorist (UIM) coverage for bodily injuries.
How to Calculate a Minor Injury Settlement
You can estimate the settlement value of a mild to moderate injury claim by adding up your economic damages, like medical bills, out-of-pocket expenses, and lost income, then adding one to three times that amount to account for your non-economic damages, also called pain and suffering.
The amount an adjuster is willing to pay for pain and suffering depends on how much your life was impacted by your crash injuries. A multiple of one is reasonable for a few days on the couch with a heating pad on your back. A multiple of two or three is justified for a herniated disc that required surgical repair and limited your activities for several months.
Serious injury claims are best handled by an experienced personal injury attorney. Your attorney will prove the scope and extent of your injuries, seek maximum compensation for present and future damages, including lost earning capacity, and pursue compensation from all available sources.
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