Maine drivers are required to carry a minimum level of liability and underinsured motorist coverage; as of the date of this blog (2024), these minimums are at least $50,000 per person and $100,000 per accident in personal injury liability protection. You should never drive without such insurance, and we recommend that you always think about purchasing enough insurance to make sure you and your family are protected if the worst were to happen.
Even if you violate the law and do not carry insurance, however, you can still bring a lawsuit against another driver who caused an accident. n Maine, unlike in some other states, if you are an uninsured driver and get into an accident that is the other driver’s fault, you have the right to file a claim against the other driver’s insurance company or file a lawsuit against the driver. Because Almost 94% of Maine’s drivers are insured, it’s very likely that the other driver will be covered and that you will be able to file a claim against their liability insurance coverage.
That said, if you get into an accident while you are uninsured, you’re in a potentially complicated situation. One reason is that, if you are found to have been at fault for the accident, you are responsible for the other party’s damages – even though you won’t have insurance to pay for them. You should talk to a Maine personal injury lawyer to determine the best way to proceed.
Can the Other Driver Be Held Financially Responsible for My Injuries If I Am Uninsured?
Yes, the questions of insurance and fault are separate. Even though you’ve broken the law by not carrying the required coverage, if the other driver was at fault for the accident, they can still be held fully responsible for your injuries.
A Garmey Law personal injury attorney can provide a free case evaluation and advise you as to whether you have a good case for filing a claim or lawsuit against the negligent driver. If so, you can pursue compensation for your medical expenses, income losses, and non-tangible losses, such as pain and suffering.
The compensation you may receive will depend on how badly you were injured, the type of injury, the treatment you need, how long you are expected to continue to need treatment, how much income you will lose, and other effects of your injury. Compensation can be substantial, and it is worth talking to an experienced lawyer to have your case evaluated and find out about your options.
What Are The Penalties for Being an Uninsured Driver?
Maine law requires all drivers to carry liability insurance. Penalties for not having insurance are a fine of $100 to $500 and suspension of your driver’s license and vehicle registration until you obtain the required insurance.
Can I Make a Claim Against the Other Driver’s Uninsured Motorist Coverage?
In Maine, drivers are required by law to carry uninsured/underinsured (UM/UIM) motorist coverage in addition to their vehicle liability coverage. The minimum amount of UM/UIM coverage required in Maine is $50,000 per person and $100,000 per accident. If you carry your own insurance policy, this amount will be available to protect you if the at-fault driver does not have enough insurance to cover your damages. The more UIM coverage you purchase, the more protection you can rely on should you be in an accident that is not your fault.
Your own UIM coverage only comes into play into play if the uninsured or underinsured driver is at fault for the accident. In that situation, the policyholder can file an uninsured driver claim seeking compensation for their injuries. The policyholder will file the claim against their own insurance company. The claim will be for the amount of damages over the other driver’s policy limits if the negligent driver is underinsured. It will be for the full amount of damages if the other driver is uninsured, up to the policyholder’s UM limits. But UIM coverage is only available to protect a driver who purchased that coverage with a policy. If you are uninsured and the accident was not your fault, this won’t apply to you. Instead, you should file a claim or lawsuit against the negligent policyholder’s liability coverage, which will be a minimum of $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage.
Help Is Available From Experienced Maine Personal Injury Lawyers
The personal injury attorneys at Garmey Law are dedicated to fighting for the rights of accident victims who were injured because of someone else’s negligence. Call us or contact us through our website for a free consultation and case evaluation.