In Maine, the driver who caused a car accident is responsible for paying compensation to injured parties through their liability insurance. Maine is an at-fault state, meaning the at-fault driver’s insurer – not your own – is the primary source of recovery for your medical bills, lost wages, property damage, and pain and suffering. When the at-fault driver is uninsured, underinsured, or when liability is disputed, additional options are available including your own uninsured motorist coverage and a personal injury lawsuit.
You may wonder who pays for car accident compensation in Maine. If someone else caused the accident, compensation for an injury in a car accident might be available to you. The steps you take following a car accident will make all the difference.
Maine requires all drivers to carry car insurance. Specifically, Maine drivers must carry the following minimum coverage in car insurance:
Maine’s minimum coverage amounts are often insufficient for serious accidents. A single hospitalization after a significant crash can exceed the $50,000 per-person limit, leaving you responsible for the difference unless the at-fault driver carries higher limits or you have underinsured motorist (UIM) coverage. Maine requires UIM coverage at the same level as your liability limits, making it a critical protection for gaps in the at-fault driver’s policy.
Maine also requires drivers to carry uninsured and underinsured coverage at the same amount as their liability coverage. If an uninsured driver harms you, your insurance company will cover your damages.
In a car accident, the at-fault driver’s liability insurance covers damages, including medical bills and property loss. In fault states like Maine, the responsible driver pays for all related costs. If you carry collision or comprehensive coverage, your insurer may cover certain incidents, minus your deductible.
There are several ways you can recover compensation after a car accident. You can:
You may take more than one of the above actions. For example, if the car insurance company doesn’t cover all of your damages, you may want to pursue a personal injury case in court.
It is common to claim compensation for a car accident. You start by placing an insurance claim to the at fault party. The insurance company will assign a claims adjuster to investigate the claim and value your damages.
After this, the insurance company will either make a settlement offer or deny your claim. An experienced Maine car accident attorney can help if your claim is undervalued or denied.
Typically, you’ll have to prove the elements of negligence in a car accident lawsuit. To prove negligence, you must show the following:
In a Maine car accident lawsuit, duty is established automatically – all drivers owe a legal duty of reasonable care to others on the road. Breach typically involves a traffic violation, distracted driving, or failure to yield. Causation requires showing the breach directly caused the crash, not merely that the other driver was careless in some general way. Damages are established through medical records, wage documentation, and expert testimony where needed. Maine’s Superior Court handles most car accident lawsuits above the Small Claims threshold.
Our attorneys can help you better understand negligence and how fault might be assigned in a car accident.
Claim compensation for a car accident in Maine can vary significantly depending on the factors of each case. Injured parties may be entitled to the following:
Suppose you were partially at fault for the accident. In that case, Maine’s modified comparative negligence statute requires a court to reduce your compensation to an amount it deems “just and equitable.”
Plus, if you’re equally at fault for the accident or more, a court will not award you anything. By filing a claim, you will ensure compensation for injury in a car accident.
You may wonder who pays for car accident compensation if the at-fault driver is uninsured or underinsured. Fortunately, because of Maine’s uninsured/underinsured driver insurance coverage, you can file a claim with your insurance company, and they should cover your damages.
Navigating the insurance claims or lawsuit process can feel overwhelming. Fortunately, Mann Law can help. We have experience representing car accident victims like you to get the compensation they deserve.
Plus, one of our car accident attorneys previously worked for an insurance company, so we are uniquely qualified in knowing how to deal with the other side. Contact us today.
