Hurt in a car accident in Maine? Your claim usually runs through the at-fault driver's insurance, and two rules shape it most: the filing deadline and how fault is shared.
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Maine's general statute of limitations for personal injury claims is six years from the date of the accident under 14 M.R.S. § 752 — among the longest in the country and significantly longer than the two- and three-year windows in most states. The longer SOL is a planning advantage, not an excuse to delay. Surveillance footage gets overwritten within weeks, witnesses move, vehicles get repaired, and medical providers' records become harder to obtain over time. The six-year window buys you the breathing room to develop a strong case, not the luxury of doing nothing.
Maine follows a strict 50% bar version of modified comparative fault under 14 M.R.S. § 156. The statute states plainly: "If such claimant is found by the jury to be equally at fault, the claimant may not recover." That language is the entire game in a Maine car accident case. Recovery is permitted only if your fault is LESS THAN the defendant's — at exactly 50% you get zero. This rule is stricter than the more common "51% bar" used in Illinois, Pennsylvania, and most other modified-comparative states (where recovery at exactly 50% is still allowed). Maine's rule is closer to Georgia's 50% hard bar. Insurance adjusters in Maine work aggressively to push your fault assignment to 50% or above for exactly this reason.
If a government vehicle was involved, the Maine Tort Claims Act, 14 M.R.S. § 8107, requires written notice of claim within 365 days of the cause of action accruing. Notice for state claims goes to the state department, board, agency, commission, or authority alleged to have caused the injury, and to the Attorney General. Notice for political subdivision claims (cities, towns, counties) goes to the person upon whom service of summons could be made under Maine Rule of Civil Procedure 4. The 365-day notice deadline is much shorter than the six-year general SOL and missing it bars the claim against the government entity. Cumberland County (Portland) historically produces higher plaintiff verdicts than rural Maine counties.
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Only if your fault is LESS THAN the defendant's — exactly 50% bars recovery completely. Under 14 M.R.S. § 156, "if such claimant is found by the jury to be equally at fault, the claimant may not recover." This is stricter than the 51% bar used in Illinois, Pennsylvania, and most other modified-comparative states (where recovery at exactly 50% is still allowed). Maine's rule is closer to Georgia's strict 50% bar. Insurance adjusters work aggressively to push your fault assignment to 50% or higher because that single percentage point eliminates the claim.
Six years from the date of the accident under 14 M.R.S. § 752 — one of the longest personal injury limitations periods in the country. Wrongful death runs on a separate, shorter timeline under Maine's wrongful death act — confirm the exact period with counsel before relying on the six-year general SOL. If a state or local government vehicle or employee was involved, the Maine Tort Claims Act, 14 M.R.S. § 8107, requires written notice of claim within 365 days of the cause of action accruing — much shorter than the general SOL.
Yes, through the Maine Tort Claims Act, 14 M.R.S. § 8101 et seq. The Act waives sovereign immunity for tort claims against state agencies, including motor vehicle operations. You must file written notice within 365 days under 14 M.R.S. § 8107 — to the responsible state department, board, agency, commission, or authority AND to the Attorney General. Damages against the State are subject to a statutory cap that is periodically adjusted by the Legislature — verify the current cap with counsel before evaluating settlement value.
Cumberland County (Portland) jury pools have historically produced higher plaintiff verdicts than rural Maine counties. Insurance carriers track this and adjust settlement posture by venue. Cases where venue can be properly placed in a more plaintiff-friendly venue under Maine's venue statutes are often worth significantly more. York County, Penobscot County (Bangor), and Kennebec County (Augusta) trend more moderate; the rural northern and western counties trend conservative.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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Last reviewed: 2026-04-07
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