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Maine Car Accident Settlement

Maine Car Accident Settlements

Car accidents are unfortunate and unplanned occurrences that many Americans experience each day, unfortunately. In Maine alone, there were over 28,000 car accidents reported in 2020, according to the state’s Department of Transportation.

Car Accident Settlement

Whether you explore Fort Kent, Bar Harbor, Portland or Jackman, there are thousands of miles to explore in Maine. You can also drive through Bangor, past Moosehead Lake and even see the Appalachian Trail and the Atlantic shore. Maine’s roads are used each year by one million licensed drivers, and they drive an average of 11,000 miles per year. In those miles, Maine drivers have thousands of serious and fatal car accidents per year. Wherever you travel in the Pine Tree State, it is important to have enough auto insurance, and to understand the driving rules and regulations of this beautiful state. If you are ever in a car accident here, you will know how to proceed with an accident claim.

Whether you explore Fort Kent, Bar Harbor, Portland or Jackman, there are thousands of miles to explore in Maine. You can also drive through Bangor, past Moosehead Lake and even see the Appalachian Trail and the Atlantic shore. Maine’s roads are used each year by one million licensed drivers, and they drive an average of 11,000 miles per year. 

In those miles, Maine drivers have thousands of serious and fatal car accidents per year. Wherever you travel in the Pine Tree State, it is important to have enough auto insurance, and to understand the driving rules and regulations of this beautiful state. If you are ever in a car accident here, you will know how to proceed with an accident claim.

While no one plans for a car accident to happen, victims may be eligible for financial compensation through car accident claims. But how do these claims work? How can you ensure that you get the maximum amount of financial compensation? Here is everything you need to know about car accident settlements in Maine so that you can prepare yourself if ever faced with such a situation.

What Should I Do After a Car Accident in Maine To Maximize My Settlement Amount?

If you have been involved in a car accident in Maine, it is important to take certain steps to ensure that you receive adequate compensation for your injuries. The following steps should be taken to maximize your chances of being compensated for your damages.

First, call the police or emergency services as soon as possible, even if the accident doesn’t seem serious. This will create an official document of the incident that can support your claim. Do not leave the scene until an officer arrives and investigates the accident. Make sure to get contact information from witnesses and exchange insurance information with other drivers or passengers involved in the incident.

Second, seek medical attention immediately after the accident, even if there are no visible signs of injury. Seeing a doctor will ensure that all injuries are documented and that you receive proper treatment as soon as possible. It is important to keep records of all medical documents related to the car accident so they can be used later when filing a claim against the responsible driver’s insurance company.

Finally, file a claim with the responsible party’s insurance company as soon as possible after receiving medical treatment. Doing this will help establish that you are entitled to compensation for medical bills and other damages sustained due to the accident. When filing a claim with an insurance company, it is important to provide thorough documentation regarding damages incurred due to the incident and include any relevant medical records supporting your case.


It is also recommended that victims of car accidents speak with a personal injury lawyer who specializes in auto accidents before filing any claims or signing any documents pertaining to their case. An experienced car accident attorney can help evaluate your situation and determine how much compensation you may be entitled to under Maine law and guide you through each step of filing a successful claim against responsible parties so you receive maximum compensation for your injuries and losses incurred due to the car accident.

How Much is A Maine Car Accident Settlement Worth?

The amount of compensation a car accident victim receives will vary from case to case and depend on many factors, including medical bills and property damage incurred due to the incident, as well as pain and suffering.

maine auto accident settlementIf you have suffered severe injuries with lasting trauma and disfigurement, you are entitled to a much higher payout than if your injuries were minor. Ultimately, the worth of your claim is affected by the severity of your injuries, lost income due to time off work, emotional distress, and pain and suffering you endured throughout the process.

How Do Car Accident Settlements Work In Maine?

Car accident settlements in Maine are usually conducted through personal injury claims, where victims communicate directly with the at-fault driver’s insurance company. In more serious cases, such as wrongful death, an attorney should represent the victim’s family.


First, a claims adjuster will evaluate the personal injury claim. The settlement process typically begins when the adjuster sends out a letter detailing the findings from their investigation and extends an offer to settle with a certain amount of compensation for personal injuries or property damage. The victim can either accept this offer or reject it. If you reject the offer, you may begin negotiations. A personal injury lawyer can be helpful during this stage as they have experience negotiating car accident settlements and understanding how much a case is worth. Negotiations may continue until both parties agree on an amount that is deemed fair and just compensation for damages incurred by the victim because of the accident.

If both parties cannot reach an agreement, the case can go to trial. Usually, most car accident claims are resolved in the negotiation phase.

How Much Can I Get for Pain and Suffering in Maine Car Accident Settlement?

If a person has experienced pain or mental anguish due to an accident, they may be able to seek compensation for these damages.

In Maine, pain and suffering damages are considered non-economic damage. Unlike economic damages that can be easily calculated by presenting receipts and invoices, it is difficult to put a dollar amount to the pain endured or emotional distress suffered. However, the exact amount you will receive depends on the severity of your injuries, the length of your recovery time, lost wages due to time off work, and any long-term effects that resulted from the accident.

Car Accident Settlement

How Long Does It Take To Settle a Car Accident Claim in Maine?

In Maine, it usually takes anywhere from a few weeks to several months for a car accident claim to be settled. This can depend on the severity of the injuries and if both parties agree on a settlement out of court or if the case goes to trial.

If the case goes to trial, the case could drag on for several years. Most car accident claims settle out of court, though.

Are Maine Car Accident Settlements Taxed as Income? 

Having received a personal injury settlement in Maine recently, it is smart to ask if you need to pay taxes to the US government and Maine state government. For the most part, car accident settlements are not taxable as income. But there are always exceptions.

First, the IRS states that if you are paid for a personal physical injury sustained in an accident, the money is free of tax. Compensation for pain and suffering related to a physical injury is also not taxable as income. But the compensation must be related to a physical injury. If you are compensated for emotional distress only, this is taxable as income.

If your injury resulted in lost wages in the past and you are compensated for this in the settlement, this is taxable income. Also, if you took a medical expense deduction in a previous tax year, you will need to report as income this part of your settlement.

While punitive damages are fairly rare, know that these damages are always taxable by Maine and by the federal government. They are not compensation for your injuries but are intended to punish the defendant.

If you have any questions about your tax situation, talk to a tax professional immediately.

Maine Car Insurance Requirements

The laws of Maine require you to have a certain level of auto insurance. If you do not do so, you could suffer serious penalties that include fines and jail time. Under the tort system of this state, you could be sued for actual and economic damages if you are found liable in a car accident. You also can be held accountable legally for emotional and physical pain and suffering damages.

According to Maine car insurance laws, the minimum liability limits are as follows:

  • $50,000/person and $100,000 per accident for bodily injury
  • $25,000 for property damage.
  • $2,000/ person for medical payments. There are limits available up to $25 000.
  • $50,000 per person/$100,000 per accident for uninsured/underinsured motorist coverage. This coverage protects you if the driver responsible for the accident has no insurance or your expenses exceed the liability coverage.

Fault System and Negligence Law

Maine is a ‘tort’ state. This means that if you are injured in a car accident in Maine and someone else is at fault, you can file a personal injury claim with the at-fault driver’s insurance company. The insurance company will then decide how much money to pay you for your settlement. However, the amount you get may be reduced if it is found that you were partially at fault for the accident. This is called “modified comparative negligence” and means that if it is determined that you are more than 50% responsible for the accident, you cannot receive any compensation from the other driver’s insurance company.

Cap on Damages in Maine

In Maine, car accident claims involving personal injury can result in compensation for both economic and non-economic damages. The state imposes no limit on the total amount of damages available for car accident cases. This means that car accident victims can pursue maximum compensation for their economic damages (medical bills, lost wages, etc.) and non-economic damages (pain and suffering, emotional distress, etc.)

When it comes to wrongful death suits related to car accidents in Maine, however, there is a limit of $750,000. In addition to this cap on the total damages available, punitive damages are limited to $250,000.

Additional Maine Car Accident Laws

There are several new driving-related laws in Maine that have been passed recently. Be sure you know them, so you do not have problems when driving here:

  • Any driver who is cited for texting and driving will be fined at least $250 for the first offense and $500 for the second offense within three years. Texting violations also have a 30-day suspension of your license for a second offense, and 60 days on the third offense. All such suspensions are mandatory and are not appealable.
  • Maine has a law that makes it illegal to drive distracted. This law can be cited in a personal injury lawsuit if you injure another person while driving in this manner.
  • Active duty military have 180 days to obtain a driver’s license in Maine after they are discharged
  • Police officers will accept proof of auto insurance on an electronic device
  • A police officer can issue a permit to drive home or to the DMV if you are operating a vehicle with an expired driver’s license.
  • The driver’s license of a person with four or more DUIs can apply for early reinstatement after they have served four years of their suspension period, if they have an ignition interlock device installed for four years.

Car Accident Lawsuit

Maine Statute of Limitations

In Maine, the statute of limitations for filing car accident lawsuits is six years from the date of the crash. This means that if you want to pursue legal action in court, you have six years after the accident occurred to begin a lawsuit. Beyond this time period, you will no longer be able to do so. It is important to understand your rights and take prompt action following an auto accident if you wish to secure compensation for any injuries or property damage sustained.

For a wrongful death claim, the lawsuit must be brought within two years of the death of the victim.

Maine Car Accident Settlement Calculator:

Have you been involved in a motor vehicle accident or otherwise injured in Maine? Find out how much financial compensation you may be legally entitled to in just minutes with our free Car Accident Settlement Calculator.

Statistics and Notable Car Accident Lawsuits

IN 2012, the Maine Department of Public Safety reported that almost 1000 people suffered serious injuries in car accidents, and 164 were killed. These statistics reveal a general rise in serious injuries and deaths. Possible explanations are that the economy is improving, and gas prices are lower. These facts could be causing more people to hit the open roads of Maine.

With the state’s open roads, hills and miles of scenic coastal highway, it is not surprising this state is popular with tourists in cars and motorcycles. But there are more serious accidents occurring in this state since 2015. This is especially true for motorcycles. It was reported recently that 2015 was the worst year for motorcycle fatalities in Maine in 20 years, and the number of motorcycle accident settlements filed with auto insurers also skyrocketed.

The most common reasons for more motorcycle accidents in Maine are:

Not wearing a helmet. Some motorcycle riders choose to not wear a helmet because they think it will not make a difference in saving them in an accident. This is demonstrably false.

Distracted driving: Motorcyclists are more vulnerable to drivers being distracted behind the wheel. There has been an increase in the number of fatal accidents on straight, flat roads in recent years across the country. Absent any other explanation, it is possible more texting and driving is leading drivers to cross the yellow line and strike oncoming vehicles.

  • Riding while intoxicated
  • Speeding
  • Not enough training
  • Old motorcycles: Some older riders have been taking up riding again after years. Without practice, they may be getting on motorcycles that are too powerful for their level of training.

Some of the good news for car accident statistics in Maine is that traffic crashes involving teen drivers have dropped in the past three years. As part of a campaign called the 100 Deadliest Days, AAA released statistics in 2015 that showed the average number of traffic deaths for teens in summer months across the country compared to the rest of the year was 43% higher. But teen driving deaths have been on the decline in this state.

Part of the reason, experts say, is teen drivers are given an intermediate license that bars them from driving between midnight and 5 am if they are transporting anyone besides immediate family. A young driver in Maine can then get a provisional license that allows the state to suspend the license for one month for any type of traffic infraction. That policy continues until the driver is 21. This is a strong incentive for children to remember what they studied in driver’s education and get that information into their muscle memory. Experts say once you have several years of driving experience, the chances of serious accidents is much less.

Another new program that is effective in Maine is where the DMV uses decals on the vehicle to show an intermediate licensed driver may be operating the vehicle. This allows the police to pull over a car that a police officer thinks is carrying people who are not close family members.

A major personal injury lawsuit and settlement in Portland, Maine in 2017 involved a teenager who was killed on a hayride at a Halloween attraction. According to lawsuit documents, the ‘haunted’ hayride at the Harvest Hill Farm in Mechanic Falls went out of control due to brake failure and killed the girl and injured 20 others. Prosecutors stated during the wrongful death trial the 1979 Jeep pulling the wagon has several safety problems that led to the death of the teen. The amount of the settlement was not disclosed.

Maine Car Accident Resources

If you have been in a car accident in Maine, you will probably be under stress. It is important to review the resources below so that you know what to do after the accident.

  • If you need to get a copy of a crash report in Maine, you can do so at the Maine State Police website. The crash report form is important evidence for making an insurance or personal injury claim.
  • You need to report the accident to the Maine State Police if the accident caused death or serious injury, OR it caused damage above $1000 to vehicles and property.


Pursuing justice after car accidents can be complicated but achievable. If you or a loved one have been involved in a car accident, taking legal action may be necessary if you want to receive fair compensation for any damages caused by the auto accident. While we understand that money may not erase the bad experience, it might be comforting to know that you can receive financial compensation for your injuries so your recovery is smooth and fast.

Car Accident Settlement

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