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How Car Accident Compensation Works in Maine

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A car accident can happen in seconds. But you may have to deal with the effects of a crash for months or years, sometimes even for the rest of your life. You need medical treatment for your injuries and the expenses are becoming overwhelming. You may not be able to work because you’re hurt and there is a loss of income. 

If a negligent driver caused the accident that left you injured, you deserve financial compensation. However, the process of recovering compensation can be complicated. An experienced car accident lawyer can guide you through the process of filing a car accident injury claim.

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This means that people injured in a crash can seek compensation by filing a third-party car accident claim with the at-fault driver’s insurance company. A driver may have caused an accident due to speeding, recklessly changing lanes, tailgating, texting behind the wheel, or driving under the influence of alcohol or drugs. But negligent drivers often deny doing anything wrong. This can put you in the position of having to prove to the insurance company that a driver was negligent.

All drivers in the state are required to carry car insurance. Relative to other states, Maine sets fairly high liability limits as the minimum requirements. These include:

  • $50,000 for the injury or death of a single person
  • $100,000 for all injuries or death resulting from a single accident
  • $25,000 for property damage.

Drivers are also required to carry medical payments coverage (MedPay). This coverage pays for medical expenses for treating the injuries suffered by you or passengers in your vehicle during an accident. The minimum amount of coverage is $2,000. 

Car insurance policies in Maine must also include uninsured and underinsured motorist coverage with minimum limits of $50,000 per person and $100,000 per accident. This coverage provides protection if the driver who caused your injuries has no insurance, or does not have enough to compensate you for the damages you suffered. 

It’s generally recommended to buy car insurance with liability limits that are higher than the minimum requirements, as damages in an accident can easily exceed those amounts. 

Optional types of coverage include collision to pay for vehicle damage caused by an accident, and comprehensive to pay for vehicle damage caused by fire, flood, theft, vandalism, and other factors. 

You can first file a third-party car accident injury claim with the at-fault driver’s insurance company. However, insurance companies will usually try to minimize car accident claims and will look for reasons to justify paying as little as possible. For example, they may dispute the seriousness of your injuries and the need for certain types of treatment. They may seek access to your medical history to try to argue that your injuries were pre-existing.

Another common tactic used by insurance companies is to offer a settlement soon after the accident. However, their offer will not come close to covering all damages suffered in the crash. They are hoping that victims will simply accept the offer without asking for more money. 

The insurance company may also argue that you were partially to blame for causing the accident. That’s because under Maine’s modified comparative negligence system, any compensation awarded to you can be reduced by your percentage of fault. 

That’s why it’s important to get legal advice from an experienced Maine car accident lawyer. When you have legal representation, your attorney can advise you in whether or not a settlement offer is fair and guide you through the process of filing a lawsuit, if necessary.

This will vary from case to case, as it depends on many different factors. These factors include the type and extent of the injuries you suffered, whether you suffered a permanent or disfiguring injury, your percentage of fault in the accident, and insurance policy liability limits. 

An attorney can review the details of your accident and determine the total damages you suffered as a result. An attorney can also let you know what to expect as your claim moves forward and discuss how much compensation you can realistically expect to recover. 

An attorney can build a strong case for financial compensation that is based on facts. This begins with an investigation of your accident. A law firm’s legal team will gather evidence, such as any existing video of the crash, interview witnesses, and consult accident reconstruction experts and other specialists as needed.

Your lawyer will also handle all communications with the insurance company so you can focus on healing from your injuries. These communications typically include settlement negotiations to try to reach a resolution of your case that meets your needs. 

If a satisfactory resolution can’t be reached, your lawyer can draft and file the necessary paperwork to put a lawsuit in motion. Many times, this is followed by further negotiations and may be settled before heading to court. 

If you were injured in a crash, talk to a Maine car accident attorney as soon as possible. While the statute of limitations for taking legal action is six years, waiting too long can be detrimental to your case. Witnesses can forget details and evidence can be lost or destroyed. A lawyer can give you the information you need to decide what to do next.

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Injured? Speak to a LAW.COM
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