By Serdar Arslan, editor · Last reviewed · How we research
Families in Maine now generally have 3 years from a death to bring a wrongful death claim, up from 2 years before a 2023 change in the law. Injury and vehicle damage claims allow even longer, generally 6 years from the accident. The tighter deadline belongs to government claims: under the Maine Tort Claims Act, a written notice of claim is generally due within 365 days, sent to the agency and the Attorney General for a state agency, and a lawsuit generally must follow within 2 years.
Being as much to blame as the other party, or more, ends the claim, and any smaller share reduces the award. Maine is an at-fault state with minimum liability limits of 50/100/25. Every policy must also include uninsured motorist coverage and at least $2,000 per person in medical payments coverage for expenses within a year of the crash. Crashes with injury, death or apparent damage of $2,000 or more must be reported right away to police, and knowingly failing to report is a crime. Copies of reports cost $10 through the state's online ordering service.
Key rules at a glance
| Personal injury filing deadline | Generally 6 years from the date of the accident Source: 14 M.R.S. § 752 |
|---|---|
| Property damage deadline | Generally 6 years for damage to your vehicle or other property Source: 14 M.R.S. § 752 |
| Wrongful death deadline | Generally 3 years from the date of death (the period was 2 years before a 2023 change) |
| Claims against a government entity | Under the Maine Tort Claims Act, you generally must file a written notice of claim within 365 days after the claim accrues. For a state agency, notice goes to the agency and the Attorney General; for a town, city or county, it goes to a person who can accept legal papers for it. A lawsuit generally must then be filed within 2 years. Late notice is allowed only for good cause. Source: 14 M.R.S. §§ 8107, 8110 |
| Fault rule | Modified comparative fault (50% bar): Your damages are reduced by your share of fault, but you recover nothing if you are as much at fault as, or more at fault than, the other party. Source: 14 M.R.S. § 156 |
| Insurance system | At-fault (tort) · Maine does not require PIP, but auto policies must include at least $2,000 per person in medical payments coverage for the driver and passengers, for expenses within 1 year of the crash (29-A M.R.S. § 1605-A). |
| Minimum liability insurance | $50,000 per person / $100,000 per accident bodily injury; $25,000 property damage Source: 29-A M.R.S. § 1605 |
| Uninsured motorist coverage | Required |
| Damage caps | Maine generally has no cap on compensatory damages in car accident injury cases. Wrongful death claims and claims against government entities have their own limits, so check the statute or ask a licensed attorney. |
| Reporting a crash | If a crash causes injury or death, or apparent property damage of $2,000 or more, you must report it right away by the quickest means to the state police, sheriff's office or local police. Knowingly failing to report is a crime. Source: 29-A M.R.S. § 2251 |
Getting your crash report in Maine
Search and buy police crash reports online through the state's Maine Crash Reporting Online Search & Ordering Service. Searching is free and each report costs $10, usually delivered within 24 hours. Anyone may order a report. Crashes below the reporting threshold are not in the system, so ask the responding department for an incident report. Official request page
Checking a Maine lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Maine Board of Overseers of the Bar – Attorney directory
- Lawyer referral: Maine State Bar Association Lawyer Referral Service
177 people died in motor vehicle crashes in Maine in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Is six years really the deadline for a Maine injury case?
Generally, yes. Injury and property damage claims have 6 years from the accident under 14 M.R.S. § 752. Wrongful death claims are shorter, at 3 years from the death. Exceptions can apply, so confirm with a licensed attorney.
›What changed for wrongful death claims in Maine?
A 2023 change extended the filing period to 3 years from the date of death; it was 2 years before (18-C M.R.S. § 2-807). Wrongful death claims also have their own damage limits, so ask a licensed attorney how they apply.
›What if a jury splits fault evenly in Maine?
You recover nothing. Under 14 M.R.S. § 156, you are barred if you are as much at fault as, or more at fault than, the other party. If your share is smaller, your damages are reduced by it.
›What does Maine's required medical payments coverage do?
Maine does not require PIP, but every policy must include at least $2,000 per person in medical payments coverage for the driver and passengers (29-A M.R.S. § 1605-A). It covers medical expenses incurred within 1 year of the crash.
›When must a Maine crash be reported to police?
Right away, by the quickest means, if the crash causes injury, death or apparent property damage of $2,000 or more (29-A M.R.S. § 2251). Report it to the state police, sheriff's office or local police. Knowingly failing to report is a crime.
Sources
- 14 M.R.S. § 8107 (Maine Legislature)
- 14 M.R.S. § 752 (Maine Legislature)
- 14 M.R.S. § 156 (Maine Legislature)
- 29-A M.R.S. § 2251 (Maine Legislature)
- Maine Bureau of Insurance – Insurance required by law
- Maine Crash Reporting Online Search & Ordering Service – FAQ
- Maine State Bar Association – Lawyer Referral Service
- Maine Board of Overseers of the Bar – Attorney directory
- Me. Rev. Stat. tit. 18-C, § 2-807 (wrongful death)