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Is Maine a No-Fault State? What That Means After a Car Accident

  • Writer: Rachel Okun
    Rachel Okun
  • Jan 22
  • 3 min read

One of the most common questions people ask after a car accident is whether Maine is a “no-fault” state, and the answer can significantly affect how an injury claim works.


Short Answer: No, Maine is not a "No-Fault" State. Instead, Maine follows an at-fault system, which means the driver who caused the accident may be financially responsible for your injuries and damages.


Here’s what that really means for you if you’ve been injured in a Maine car accident.

What Does “No-Fault” Mean in Car Accident Law?

In a true no-fault state:

  • Each driver turns to their own insurance first for medical bills

  • Lawsuits are limited unless injuries meet a certain threshold

  • Fault often matters less in the early stages

Some states use no-fault systems to reduce litigation, but Maine does not.

Maine Is an At-Fault (Tort) State

In Maine, the driver who caused the accident can be held responsible for:

  • Medical expenses

  • Lost wages

  • Pain and suffering

  • Other accident-related losses

This means an injured person may pursue a claim against the at-fault driver’s insurance company rather than relying solely on their own coverage.

How Fault Is Determined in Maine Car Accidents

Fault isn’t always obvious. Insurance companies and attorneys often look at:

  • Police reports

  • Witness statements

  • Photos and video

  • Vehicle damage

  • Medical records

Weather, road conditions, and driver behavior all matter, especially in Maine, where snow, ice, and limited visibility frequently play a role.

Maine’s Comparative Negligence Rule Explained

Maine follows a comparative negligence system. This means:

  • You can still recover compensation even if you were partly at fault

  • Your recovery may be reduced by your percentage of fault

  • If you are found more than 50% at fault, you will be barred from recovery

For example:

  • If you are 20% at fault, your compensation is generally reduced by 20%

  • If you are 51% at fault, you generally cannot recover damages

Because of this, fault determinations are often heavily contested.

How This Affects Insurance Claims in Maine

Because Maine is an at-fault state:

  • Insurance companies often look for ways to assign partial blame

  • Even small statements can be used to reduce compensation

  • Early settlement offers may undervalue claims by exaggerating fault

This is why it’s important to be cautious when speaking with insurance adjusters after a crash.

Can You Still Recover Compensation If You Were Partly at Fault?

Yes. Many Maine accident victims recover compensation even when fault is shared.

Common examples include:

  • Rear-end collisions with sudden stops

  • Intersection accidents with disputed right-of-way

  • Winter weather crashes where road conditions contributed

Each case depends on the specific facts, not assumptions.

Why Understanding Fault Matters Early

Understanding Maine’s fault rules can help you:

  • Avoid mistakes when reporting the accident

  • Know what information to document

  • Protect yourself from unfair blame

  • Make informed decisions about settlement offers

If you haven’t already, start by reviewing our step-by-step guide on what to do after a car accident in Maine.

How Okun Law PLLC Helps Maine Accident Victims

Determining fault is one of the most important, and most disputed, parts of any personal injury case. At Okun Law PLLC, we help clients understand:

  • How fault is evaluated

  • How comparative negligence may apply

  • Whether a settlement offer is fair

  • What options exist moving forward

Our goal is to provide clear, honest guidance so clients can make decisions with confidence.

Key Takeaway

Maine is not a no-fault state.

Fault matters, and understanding how Maine’s at-fault and comparative negligence rules work can make a real difference in your recovery after a car accident.

Frequently Asked Questions About Maine’s No-Fault Rules

Is Maine a no-fault state for car accidents? No. Maine is an at-fault state, which means the driver who caused the crash may be responsible for medical bills, lost wages, and other damages.

What does “at-fault” mean in Maine? It means an injured person can pursue a claim against the insurance company for the driver who caused the accident, rather than relying only on their own coverage.

Can I still recover money if I was partly at fault in Maine? Often, yes. Maine uses comparative negligence, which can reduce your compensation by your percentage of fault. If you are more than 50% at fault, you may not be able to recover damages.

How do insurance companies decide who is at fault? They may review police reports, witness statements, photos/video, vehicle damage, and medical documentation. Fault can be disputed, especially in multi-vehicle or winter weather crashes.

Should I admit fault at the scene or to insurance? No. It’s best to stick to facts. Even polite statements like “I’m sorry” can be misinterpreted and used to assign blame.

 
 
 

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DISCLAIMER

The materials on this site are provided for informational purposes only, do not constitute legal advice, and are not guaranteed to be correct, complete, or up-to-date.

This site is not intended to create an attorney-client relationship between you and Okun Law PLLC, and you should not act or rely on any information in this site without seeking the advice of an attorney. Any communication with us does not create an attorney-client relationship.

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