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