What Happens If the Person at Fault in an Accident Has No Insurance in Maine?

Maine follows a fault-based (tort) insurance system for auto accidents. Hence, the driver who causes a crash is legally responsible for covering the resulting damages. Suppose the at-fault driver in Maine does not carry auto insurance. In that case, they risk severe financial liabilities such as medical expenses, property damages, and other losses, at their personal expense. They could also face legal penalties as prescribed for Maine traffic violations and infractions.

Is It Illegal To Drive Without Insurance In Maine?

Yes, driving without insurance is illegal in Maine. Under MRS 29-A, §1601, every driver or vehicle owner must maintain proof of financial responsibility, usually met by purchasing liability insurance.

The state-mandated minimum liability insurance coverage includes:

• $50,000 for bodily injury per person
• $100,000 for bodily injury per accident
• $25,000 for property damage
• $2,000 in medical payments coverage

If caught driving without valid insurance, an individual potentially faces fines up to $500, license and vehicle registration suspension, SR-22 filing may be required for reinstatement, and possible vehicle impoundment. In cases involving fraud or repeated violations, they may face jail time.

What Is the Minimum Insurance Requirement in Maine?

Drivers in Maine must carry specific types of auto insurance and meet set minimum coverage levels to comply with state regulations. These minimum coverage requirements include:

• Liability coverage with minimum limits of:
  • $50,000 per person for bodily injury or death
  • $100,000 per accident for bodily injury or death involving two or more persons
  • $25,000 per accident for property damage
  • A Combined Single Limit (CSL) of $125,000 also satisfies the requirement

Maine insurance companies must also offer Uninsured/Underinsured Motorist (UM/UIM) coverage at the same minimum limits as liability insurance, along with at least $2,000 per person in Medical Payments (MedPay) coverage. However, vehicle owners can decline either coverage by providing a written rejection.

What To Do After A Car Accident With an Uninsured Driver in Maine

Individuals involved in an accident with an uninsured driver in Maine should note that they are legally required to call the police to file an accident report if injuries or damage exceed $2,000 (29-A MRS §2251). Afterwards, they should:

• Gather evidence (photos of all vehicles, license plates, damage, skid marks, and injuries), names and contact info of the other driver and any witnesses, vehicle information (make, model, and VIN) of the other vehicle, and a copy of the official crash report from the investigating office.
• Inform their insurance company provider immediately.
• File a complaint with the Maine Bureau of Motor Vehicles to report the uninsured driver. The BMV may suspend their license under certain conditions, particularly if they failed to show proof of financial responsibility post-accident (29-A MRS §1601–1611).
• Review UM/UIM coverage options or consult legal counsel about pursuing a civil claim.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

Maine operates a fault-based auto accident insurance system. So if an uninsured person is not at fault, they may file a third-party claim with the at-fault driver's insurance company or pursue a civil lawsuit to recover losses of property and medical expenses. However, since the uninsured driver is in legal violation of 29-A MRS §1601(1), then:

• They may receive administrative penalties
• There is a limit to the types of damages they can recover
• They are also ineligible to access first-party benefits such as Medical Payments (MedPay) or UM/UIM.

Can I Sue an Uninsured Driver in Maine?

Yes, an individual can sue an uninsured, at-fault driver in Maine for compensation. Under the Maine Rules of Civil Procedure, claims under $6,000 may be handled in small claims court, while larger claims go to the district or superior court. Individuals filing a complaint in a small claims court should do so in the District Court where the accident occurred by completing a Statement of Claim (SC-001), serving the defendant, filing with the court, and preparing for the hearing.

When the uninsured accident involves serious injuries, pain and suffering, or bad faith, the victim may file a civil lawsuit in the Maine Superior Court of the county where the accident happened or where the defendant or plaintiff resides (14 MRSMRS §501). If the judgment is not voluntarily paid, the injured party may request a writ of execution to garnish wages or place a lien on property, following procedures outlined in the Maine Rules of Civil Procedure, Rule 69.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Maine?

It depends. In Maine, uninsured motorist (UM) coverage provides financial protection for bodily injuries and, in some cases, property damage caused by accidents with an underinsured driver (MRSMRS 24-A, §2902). If the policyholder has UM/UIM or collision coverage, their insurer may cover losses up to the policy limits. However, UM/UIM typically does not include vehicle repairs unless the policy includes Uninsured Motorist Property Damage (UMPD) or collision coverage.

What Is Uninsured Motorist Coverage in Maine?

Uninsured/Underinsured Motorist (UM/UIM) Coverage is a type of car insurance that protects individuals when they are involved in an accident caused by another driver with no insurance (uninsured) or insufficient insurance (underinsured) to cover the full extent of the damages. Per Title 24-A, §2902 of the Maine Revised Statutes, it helps pay for medical expenses, lost wages, pain and suffering, funeral costs, and other injury-related damages when:

• The at-fault driver does not have insurance
• The at-fault driver's policy limits are too low to cover the damages
• A hit-and-run driver caused the accident
• The insured is hit while walking, biking, or riding in another vehicle

UM/UIM coverage offer is a requirement for insurance companies by law, mirroring the liability limit's coverage to match the policyholder's bodily injury liability limits. However, the policyholder reserves the right to reject it or opt for lower limits in writing. If a person does not carry UM/UIM coverage or has rejected it in writing, and the at-fault driver has no insurance, they may be left paying out of pocket or must sue the at-fault driver directly in civil court.

What If I Don't Have Uninsured Motorist Coverage in Maine?

After an accident with an uninsured driver in Maine, victims without UM/UIM, Medpay Collision, or any insurance may seek an out-of-court negotiation settlement with the at-fault party. Otherwise, they may pursue compensation via the following routes:

• File a lawsuit against the uninsured driver.
• Seek a license suspension for unpaid judgments under Title 29-A, §1605
• Apply for aid through the Victims' Compensation Fund if the crash involved a hit-and-run or DUI.

How Do I Get Compensation from an Uninsured Driver in Maine?

An individual injured or financially harmed by an uninsured at-fault driver in Maine may pursue compensation through civil litigation to recover damages, by:

• Filing a civil complaint in a Maine District Court (for claims under $6,000) or Superior Court (for higher-value claims), per Maine Rules of Civil Procedure, Rule 3.
• Serving a summons and complaint on the defendant
• Engaging in pretrial discovery (Rules 26–37 Maine Rules of Civil Procedure).
• Preparing for the court hearing and trial.

If the defendant does not respond to the summons, the plaintiff may seek a default judgment under Rule 55. The court can rule in the plaintiff's favor without holding a trial if granted.

If the court grants damages, the defendant may be ordered to pay economic losses (such as medical bills and property damage) and, in some cases, non-economic losses like pain and suffering. The plaintiff may need to enforce the judgment using wage garnishment, property liens, or subpoenas.

How Much Can You Recover From an Uninsured At-Fault Driver in Maine?

There is no fixed or statutory amount that a person can recover from an uninsured at-fault driver in Maine. Theoretically, Maine law allows one to recover as much as their actual damages justify. However, the amount recovered depends on the damages incurred, the at-fault driver's financial situation, and the victim's insurance policy. Still, the maximum amount one can recover in small claims court is $6,000, and any judgment awarded typically earns interest at a rate of 6%, unless the court decides otherwise.

How To Find Out If the At-Fault Driver Has Insurance in Maine

To find out if the at-fault driver has insurance in Maine, individuals can follow these steps:

• Ask the driver on-scene to provide their insurance information.
• Check the police report, which typically contains the names of drivers involved and insurance information for each vehicle. This report can be requested online through the Maine Bureau of Highway Safety or the local police department.
• Contact the Maine Bureau of Motor Vehicles (BMV) to confirm if the driver had valid insurance at the time.
• File a request through their insurance to contact the other driver's insurer for verification
• Subpoena insurance information in a lawsuit

Are Accidents Public Record in Maine?

Under the Maine Freedom of Access Act, accident records are generally considered public. However, access depends on the type of document and the agency holding it:

• Accident-Related Court Records: Per the Maine Freedom of Access Act (FOAA), court records such as pleadings, motions, judgments, etc, that result from a car accident case, are usually accessible to the public except for certain sensitive information, like social security numbers, minor names, or sealed settlements.
• Maine DMV Accident Records: Some crash data and driver records maintained by the DMV are publicly available. However, personal information within BMV records is protected under 29-A M.R.S. § 2251 and the Driver's Privacy Protection Act (DPPA). Hence, access to a complete accident report is restricted to the involved parties, their legal representatives, insurance companies, or law enforcement.
• Police Accident Reports: Once a report is finalized and the case closed, it typically becomes available for public inspection.

Can You Go to Jail for Causing an Accident Without Insurance in Maine?

Not really. In Maine, civil traffic infractions and criminal misdemeanors are based on intent and conduct. Infractions usually carry a penalty of fines, license suspension, or filing an SR-22 form. Causing an accident while uninsured falls under this category.

Misdemeanors, however, involve more serious offenses, such as providing fraudulent insurance documents, repeat violations, or DUI. These may lead to jail time and a criminal record (17-A M.R.S. §705(1)(B)).

Can You Settle With an Uninsured Driver Out of Court in Maine?

Yes, it is legal to settle with an uninsured driver out of court in Maine to resolve motor vehicle accident claims. A written agreement signed by both parties is legally valid and enforceable under Maine contract law, under the right conditions, per the Actions for personal injuries code (14 M.R.S. §7521).

Can I Get Compensation If I Was Partially at Fault?

Yes. Under Maine's comparative negligence rules, an injured person can still receive compensation even if they were partly at fault, so long as their share of fault is less than 50% (14 M.R.S. §156).

To calculate the damages for eligible claimants, the court will reduce the total compensation by the claimant's percentage of fault. For instance, a claimant eligible to receive $20,000 but is 30% at fault would end up with $14,000 (i.e., $20,000 - 30%).