# Maine car accident law: deadlines, fault and your claim

> Maine car accident claims: the 6-year injury deadline, the equal-fault bar, 365-day notice for government claims, required MedPay and crash reports.

Canonical page: https://accidentclaimfacts.com/location/maine/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

In Maine you generally have 6 years from the crash to file a lawsuit for injuries or vehicle damage, and 3 years from the date of death for a wrongful death claim. If you share the blame, a jury reduces your damages by an amount it finds fair, and you recover nothing if you are found equally at fault. Claims against a town, county or state agency are much tighter: a written notice within 365 days and a lawsuit within 2 years.

## Key facts

| Fact | Detail | Note |
|---|---|---|
| Injury and vehicle damage lawsuits | 6 years | From the day of the crash |
| Wrongful death lawsuit | 3 years | From the date of death |
| Fault rule | Modified comparative: barred at 50% | No recovery if equally at fault |
| Notice to a government body | 365 days | Then sue within 2 years |
| Minimum liability insurance | $50,000 / $100,000 / $25,000 | Per person / per crash / property |
| Insurance system | At-fault | Medical payments coverage is required |
| Traffic deaths in Maine, 2024 | 177 people | 12.6 per 100,000 people |
| Bar referral service | MSBA Lawyer Referral Service | $35 administrative fee |

## Filing deadlines in Maine

Maine's general statute of limitations for civil lawsuits is 6 years, and it covers most car-crash claims for injuries and property damage. Wrongful death and claims against government bodies have shorter limits.

| Claim | Deadline | Law |
|---|---|---|
| Personal injury | 6 years | 14 M.R.S. § 752 |
| Damage to your vehicle or other property | 6 years | 14 M.R.S. § 752 |
| Wrongful death | 3 years from the date of death | 18-C M.R.S. § 2-807(2) |
| Claim against a government body | Notice within 365 days; lawsuit within 2 years | 14 M.R.S. §§ 8107, 8110 |

**Injured children.** Under 14 M.R.S. § 853, if the injured person is a minor, the time limit is counted from when the child is no longer a minor, not from the crash. This is a form of tolling. Claims against government bodies have their own rule: within 2 years after the child turns 18.

**Claims against government.** The Maine Tort Claims Act requires a notice of claim: a written notice of claim with your name, the basis of the claim, the injuries and the amount claimed; for state claims it goes to the agency involved and the Attorney General. For a town, city or county, the notice goes to an official who could be served with a lawsuit. A late notice is allowed only if you show good cause why it could not reasonably have been filed in time. Damages are capped at $400,000 for all claims from one occurrence, and no punitive damages are allowed.

> **Warning:** Insurance talks do not pause any of these deadlines. The six-year period is long, but the government notice period is not, and evidence gets harder to gather as time passes.

## How fault is shared in Maine

Under 14 M.R.S. § 156, Maine uses modified comparative fault, with a twist. If you share the blame, the jury cuts your damages by whatever amount it finds 'just and equitable' (not a strict percentage), and you get nothing if found equally at fault. The law tells the jury to set the reduction "having regard to the claimant's share in the responsibility" for the damage.

> **Example:** A jury finds that you were partly to blame for a crash at a four-way stop, but less than the other driver. It reduces your damages by the amount it considers fair given your share. Had the jury found the two of you equally at fault, you would recover nothing.

Insurers make their own fault arguments in negotiations, so the details of the crash matter long before any jury sees them. Try the [fault-rule explainer](https://accidentclaimfacts.com/tools/fault-rule-explainer/?state=me&fault=20#fault) to compare Maine with other states.

## Insurance in Maine

Maine is an at-fault state: the driver who caused the crash, through their liability insurer, pays for the losses. Maine's coverage rules:

| Coverage | Maine rule |
|---|---|
| Liability (injuries and property) | $50,000 per person, $100,000 per crash, $25,000 property |
| Uninsured motorist | Required: $50,000/$100,000 |
| Underinsured motorist | Included in required UM coverage |
| Medical payments (MedPay) | Required: $2,000 per person |
| Personal injury protection | Not required |

Medical payments coverage pays medical bills up to its limit whoever caused the crash, which can help while a claim against the other driver is pending. The guide to [who pays medical bills](https://accidentclaimfacts.com/money/who-pays-medical-bills/) explains how it fits with health insurance. The Insurance Information Institute estimates that 5.7% of Maine drivers were uninsured in 2023, compared with 15.4% nationally.

The Maine Bureau of Insurance answers consumer questions at 1-800-300-5000; (207) 624-8475.

## After a crash in Maine

Under 29-A M.R.S. § 2251, a crash must be reported immediately, by the quickest means, to a state police officer, the county sheriff's office or the local police department, after a crash that injures or kills someone or causes apparent property damage of $2,000 or more. The duty falls on the driver, someone acting for the driver, or, if the driver is unknown, an owner who knows of the crash.

The investigating officer must send the report to the Chief of the State Police within 5 days. You can get a copy on written request to the Chief of the State Police, who may provide a photocopy of the investigating officer's report at the requester's expense. The guide to the [police report](https://accidentclaimfacts.com/claim-process/police-report/) explains what to check in it, and [what to do in the first 72 hours](https://accidentclaimfacts.com/blog/first-72-hours-after-a-car-accident/) covers the steps right after a crash.

## Special rules in Maine

### Wrongful death damages caps

In a Maine wrongful death case, damages for loss of comfort, society and companionship, including emotional distress, cannot exceed $1,000,000, adjusted for inflation. Punitive damages are capped at $500,000. These caps apply only to those two kinds of damages.

### Drunk drivers and the bars that served them

Maine's dram shop law, the Maine Liquor Liability Act, says a server who negligently serves liquor to a minor or a visibly intoxicated person is liable for damages caused by that person's drinking. Service counts as negligent if the server knew, or should have known, that the person was a minor or visibly intoxicated. Damages against a server are capped at $350,000 for all claims from one occurrence, but medical expenses are outside that cap.

## Crashes on Maine roads

According to the Insurance Institute for Highway Safety, 177 people died in Maine crashes in 2024. That is 12.6 per 100,000 people, compared with 11.5 per 100,000 people nationally.

- 80% of the deaths happened on rural roads.
- 24% were speeding-related.
- An estimated 30% of passenger vehicle drivers killed had a blood alcohol level of 0.08% or higher.

## Finding a lawyer in Maine

The Maine State Bar Association runs the [MSBA Lawyer Referral Service](https://www.mainebar.org/page/LawyerReferralService). According to the Maine Judicial Branch, it charges a $35 administrative fee, and referred lawyers do not charge for the first half-hour of a consultation; standard fees may apply after that. The guide on [lawyer referral services](https://accidentclaimfacts.com/choosing-a-lawyer/lawyer-referral-services/) explains how these panels work.

Before you hire anyone, search the Maine Board of Overseers of the Bar's [attorney directory](https://apps.web.maine.gov/cgi-bin/online/maine_bar/attorney_directory.pl). The Board regulates lawyers' conduct for the Maine Supreme Judicial Court and publishes its disciplinary decisions.

## FAQ

### What is the statute of limitations for a car accident in Maine?

Generally 6 years from the crash for injuries and vehicle damage, and 3 years from the date of death for wrongful death. Claims against a government body need a written notice within 365 days and a lawsuit within 2 years.

### Is Maine a no-fault state?

No. Maine is an at-fault state: the driver who caused the crash, through their insurer, pays for the losses. Every policy must include medical payments coverage, which pays some medical bills whoever was at fault.

### Can I recover if I was partly at fault in Maine?

Yes, if you were less at fault than the other side. The jury reduces your damages by an amount it finds just and equitable given your share. If you are found equally at fault, you recover nothing.

### How long do I have to file a claim against a Maine town or the state?

You must file a written notice of claim within 365 days and sue within 2 years. Damages are capped at $400,000 for all claims from one occurrence.

### Do I have to report a car accident in Maine?

Yes, immediately, if anyone is hurt or killed or the apparent property damage is $2,000 or more. Report it to the state police, the county sheriff's office or the local police department.

### Does Maine cap damages in car accident cases?

Some. In wrongful death cases, loss of companionship damages are capped at $1,000,000 (adjusted for inflation) and punitive damages at $500,000. Claims against government bodies are capped at $400,000, and claims against a server of alcohol at $350,000 plus medical expenses.

## Sources

- [Maine Legislature, 14 M.R.S. § 156](https://legislature.maine.gov/statutes/14/title14sec156.html) — comparative negligence
- [Maine Legislature, 14 M.R.S. § 853](https://legislature.maine.gov/statutes/14/title14sec853.html) — minors and the limitation period
- [Maine Legislature, 14 M.R.S. § 8107](https://legislature.maine.gov/statutes/14/title14sec8107.html) — notice of claims against governmental entities
- [Maine Legislature, 29-A M.R.S. § 2251](https://legislature.maine.gov/statutes/29-A/title29-Asec2251.html) — reporting crashes and copies of reports
- [Maine Legislature, 28-A M.R.S. § 2506](https://legislature.maine.gov/statutes/28-A/title28-Asec2506.html) — liquor liability
- [Maine Judicial Branch, Legal help](https://www.courts.maine.gov/help/legal/index.html) — lawyer referral fee
- [Maine Legislature, 14 M.R.S. § 752](https://www.legislature.maine.gov/statutes/14/title14sec752.html), checked October 29, 2026
- [Maine Legislature, 18-C M.R.S. § 2-807](https://legislature.maine.gov/statutes/18-C/title18-Csec2-807.html), checked October 29, 2026
- [Maine Legislature, 14 M.R.S. § 8110](https://legislature.maine.gov/statutes/14/title14sec8110.html), checked October 29, 2026
- [Maine Legislature, 14 M.R.S. § 8105(1)](https://legislature.maine.gov/statutes/14/title14sec8105.html), checked October 29, 2026
- [Insurance Information Institute, Facts + Statistics: Uninsured motorists](https://www.iii.org/fact-statistic/facts-statistics-uninsured-motorists), checked October 29, 2026
- [Maine Legislature, 28-A M.R.S. § 2509](https://legislature.maine.gov/statutes/28-A/title28-Asec2509.html), checked October 29, 2026
- [Maine Board of Overseers of the Bar, Home page](https://www.mebaroverseers.org/), checked October 29, 2026
- [Maine Bureau of Insurance, Insurance Required by Law](https://www.maine.gov/pfr/insurance/consumers/auto-insurance/insurance-required-by-law), checked October 28, 2026
- [Alabama Department of Insurance, State Auto Insurance Laws](https://www.aldoi.gov/Consumers/StateAutoLaws.aspx), checked October 28, 2026
- [Maine Bureau of Insurance, Home page](https://www.maine.gov/pfr/insurance/), checked October 28, 2026
- [IIHS, Fatality Facts 2024: State by state](https://www.iihs.org/research-areas/fatality-statistics/detail/state-by-state), checked June 1, 2026