Detailed Answer
If you suffer injuries or property damage in a Maine car accident and the at-fault driver lacked active insurance on the date of loss, you still have legal paths to recover compensation. Maine law requires all drivers to carry liability coverage under 29-A M.R.S. § 1423. When a driver violates this requirement, consider these options:
1. File an Uninsured Motorist (UM) Claim Under Your Policy
Maine insurers must offer uninsured motorist coverage under 24-A M.R.S. § 2903. If your policy includes UM, you may claim bodily injury and property damage up to your policy limits. Notify your insurer promptly and provide the police report, medical records and repair estimates.
2. Use Optional Personal Injury Protection (PIP)
Though Maine operates under a traditional liability system, you can opt for PIP coverage in your auto policy. PIP pays medical bills and lost wages regardless of fault. Review your policy declarations and file a PIP claim to secure prompt benefits.
3. Pursue a Lawsuit Against the Uninsured Driver
You may sue the at-fault driver in Maine Superior Court to obtain a money judgment. Even if uninsured, the driver remains personally liable for negligence. After obtaining a judgment, enforce it through wage garnishment or property liens.
Enforce Your Judgment
• Place a lien on real estate owned by the judgment debtor under 14 M.R.S. § 6051.
• Garnish wages or bank accounts under 14 M.R.S. § 5661.
• Record the judgment in additional counties to extend liens to other property.
4. Leverage Subrogation by Your Insurers
If your health insurer or auto insurer paid medical bills or vehicle repairs, they may pursue the uninsured driver via subrogation. This process helps recoup your insurer’s outlay and may reduce your deductible or future premiums.
Helpful Hints
- Obtain a detailed police report. Record the at-fault driver’s information and note the lack of insurance.
- Check your policy for UM and PIP limits. File claims within your policy’s deadline.
- Document all expenses: medical bills, therapy records, car repair invoices and lost-wage statements.
- Speak with a Maine attorney to assess whether the uninsured driver has assets to satisfy a judgment.
- Consider settlement negotiations early; litigation costs can exceed potential recovery if the driver lacks assets.