This FAQ-style guide explains, in plain language, how to pursue a personal injury claim in Maine after another driver ran a stop sign and hit your car. It outlines the steps you should take, what evidence matters, how insurance and court processes typically work, and where to look for Maine law references. This is general information only and not legal advice.
Question: What should I do right after a crash caused by another driver?
Take these immediate steps to protect your safety, health, legal rights, and insurance claim:
- Call 911 if anyone is hurt or the scene is unsafe. Get medical attention right away even for minor symptoms; some injuries show up later.
- Report the collision to local police. Ask how to obtain the police/crash report later.
- Exchange names, phone numbers, driver’s license numbers, license plate numbers, and insurance details with the other driver. Do not admit fault.
- Collect evidence: take photos of vehicle damage, skid marks, the stop sign, traffic signals, road conditions, your injuries, and the surrounding scene.
- Get contact info for witnesses and record a short note about what each saw.
- Preserve evidence: keep repair estimates, vehicle receipts, medical bills, and any receipts for out-of-pocket expenses.
Detailed answer: How to file a personal injury claim in Maine after a stop-sign crash
1. Seek medical care and document injuries
Visit an emergency department or your primary care doctor. Follow up with specialists if recommended. Every treatment visit creates medical records and bills—those documents form the core of an injury claim. If you delay care, an insurer or court may argue your injuries are unrelated to the crash.
2. Obtain the crash report and keep records
Ask the law enforcement agency that responded for a copy of the crash report. In Maine, state and local police handle crash reporting—contact the local police department or the Maine State Police to learn how to obtain the report. The Maine Department of Public Safety website can help locate the right office: https://www.maine.gov/dps/.
3. Notify your insurance company
Report the claim to your insurer promptly. Provide factual details and the police report number. Do not sign medical release forms or provide recorded statements to the other driver’s insurer without understanding the consequences—consult an attorney first if possible.
4. Preserve and organize evidence
Keep a crash folder (digital and physical) with photos, the police report, witness statements, medical records, repair estimates, rental car bills, and lost-wage documentation. Write down a timeline of events while memories are fresh.
5. Evaluate fault and Maine liability principles
In Maine, liability in a car crash turns on negligence: did the other driver breach a legal duty (for example, by failing to stop at a stop sign) and did that breach cause your injuries? Evidence that a driver ran a stop sign (police report, witness testimony, photos showing the sign and skid marks, and traffic camera footage if available) strongly supports the claim that the other driver was at fault.
6. Start claims negotiations: demand letter and settlement talks
Most auto injury claims resolve through insurer negotiations. After you finish initial treatment and can reasonably estimate damages, you (or your attorney) send a demand letter stating the facts, your injuries and treatment, and the compensation you seek. Expect counteroffers and requests for medical records. Keep negotiations documented in writing.
7. Consider uninsured/underinsured coverage
If the at-fault driver lacks adequate insurance, you may have uninsured/underinsured motorist (UM/UIM) coverage under your own policy. Check your policy or ask your insurance agent for details. The Maine Bureau of Insurance can answer general insurance questions: https://www.maine.gov/pfr/insurance/.
8. When to file a lawsuit
If the insurer refuses to offer fair compensation, you can file a civil lawsuit. In Maine, most personal injury lawsuits are brought in the Maine Superior Court. The Maine Judicial Branch provides general information about filing civil actions and court procedures at: https://www.courts.maine.gov/.
9. Watch the deadline: statute of limitations
Maine law sets time limits for bringing personal injury suits. For many civil claims, Maine law imposes a multi-year statute of limitations. You must file your lawsuit before that deadline or you risk losing your right to sue. For a primary reference on action time limits, see Maine’s statutes: 14 M.R.S. §752 (Maine statutes). If you believe you may need to sue, consult an attorney promptly to preserve your claim.
10. Trial, settlement, or alternative resolution
If negotiations fail, litigation may lead to discovery (formal evidence exchange), depositions, and possibly a trial. Many cases settle before trial. Your settlement should cover past and likely future medical costs, vehicle damage, lost income, and non-economic losses such as pain and suffering.
11. Costs and attorney fees
Many personal injury attorneys work on a contingency-fee basis: the attorney takes an agreed percentage of the recovery if you win or settle. Ask about fees, expenses, and how those will affect your net recovery before signing an agreement.
12. When to talk to an attorney
Consider contacting an attorney promptly if:
- Your injuries require extensive medical care or are likely to require future treatment;
- The insurer disputes fault or minimizes injuries;
- The at-fault driver lacks sufficient insurance;
- Serious property damage, complicated liability facts, or disputed witnesses exist.
An attorney can help gather evidence, value your claim, negotiate with insurers, and, if needed, file suit and represent you in court.
Helpful Hints
- Get medical care immediately—even mild symptoms can indicate serious injury later.
- Photograph the scene from multiple angles while you are still at the crash site.
- Do not admit fault at the scene or apologize for anything; simple statements can be used against you.
- Keep a pain and symptom diary describing how the injury affects daily life—this supports non-economic damage claims.
- Keep copies of all medical records and bills. Ask providers for itemized statements.
- Request the police/crash report quickly—some jurisdictions charge a fee or set timelines for duplicates.
- If the at-fault driver has no insurance, call your insurer about UM/UIM coverage as soon as possible.
- Ask for written confirmation of any settlement offers and read settlement releases carefully before signing anything.
- Consult an attorney before giving recorded statements to the other side or signing broad medical-authority releases.