Maine Car Accident Laws

Maine's six-year deadline is genuinely unusual — most states give two or three years. That generosity is real, but it shouldn't change how quickly you act: evidence and memories fade long before any legal deadline does.

Six years on paper doesn't mean six years in practice. Skid marks fade, witnesses move, and footage gets overwritten in weeks, not years.

Statute of limitations: 6 years

Under 14 M.R.S. §752, you generally have six years from the date of the accident to file a lawsuit for personal injury or property damage — among the longest deadlines in the country. Wrongful death claims have a shorter, two-year deadline. Claims against a government entity carry much shorter notice requirements, and can be barred even though the general six-year deadline hasn't expired.

Fault rule: modified comparative negligence, 50% bar

Under 14 M.R.S. §156, you can recover damages if you're found less than equally at fault, reduced by your percentage. If you're found "equally at fault" (50%) or more, you recover nothing.

Insurance: at-fault system, plus mandatory MedPay

Maine is an at-fault state, not a no-fault state. One distinctive feature: Maine requires drivers to carry a minimum of $2,000 in Medical Payments (MedPay) coverage, which pays your own medical bills after a crash regardless of fault — a small no-fault-style safety net layered onto an otherwise traditional at-fault system.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Maine's rule still lets you recover 60% of your damages. But if that assessment creeps to 50% or above, the claim is barred entirely under Maine's rule — not reduced, eliminated. That single threshold is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in Maine

Because a single percentage point at the 50% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

Under the Maine Tort Claims Act, written notice must reach the government within 365 days of the accident (Me. Rev. Stat. tit. 14, §8107.1) — separate from, and shorter than, filing the actual lawsuit. A court can sometimes grant an extension for missing this deadline if you can show "good cause," but that's not something to plan around. Total damages against a government entity or its employees, economic and non-economic combined, are capped at $400,000 (§8105.1) — though that cap rises to match the government's insurance coverage if it exceeds that amount.

If the crash resulted in a death

Maine gives three years from the date of death for a wrongful death claim (18-C M.R.S. §2-807), up from two years following a 2023 law change; if the death was a homicide, the deadline extends to six years from when the personal representative discovers a cause of action. Only the estate's personal representative may file. Non-economic damages for loss of comfort, society, and companionship are capped (currently around $1,000,000, adjusted annually for inflation), and punitive damages are separately capped at $500,000; economic damages such as lost income and medical expenses aren't capped.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Maine law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

Even with six years on the clock, it's worth getting advice early if fault is disputed — not because of the deadline, but because evidence degrades regardless of how long you legally have to act.