Disclaimer
This information is for educational purposes and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances.
Detailed Answer
If the at-fault driver in Maine had no active insurance on the date of your loss, you still have several avenues to recover your damages:
1. Uninsured/Underinsured Motorist (UM/UIM) Coverage
Maine law requires insurers to offer UM/UIM coverage, which protects you when the other driver lacks sufficient insurance. If you purchased UM/UIM, submit a claim with your own insurer. Key statute: 24-A M.R.S. § 2901 (definitions) and § 2902 (coverage requirements). See details at 24-A M.R.S. § 2901 and § 2902.
2. Collision and Property Damage Coverage
If you carry collision or property damage coverage on your own auto policy, you can recover repair costs through your insurer. You may then seek reimbursement from the uninsured driver through subrogation.
3. Health Insurance or Medical Payment (MedPay)
Your health insurance or optional MedPay policy can cover medical expenses immediately. You can later pursue the uninsured driver for any out-of-pocket costs not covered by your insurer.
4. Civil Lawsuit Against the Driver
You may sue the at-fault driver directly for negligence. If you obtain a judgment, you can enforce it by garnishing wages, placing liens on property, or seizing certain bank accounts, subject to Maine’s exemption laws (see 14 M.R.S. § 4422).
5. Criminal Restitution
If the driver is prosecuted for operating without insurance (24-A M.R.S. § 2909-A), the court may order restitution as part of the sentence. You can register your claim as a restitution lien.
Helpful Hints
- Review your auto policy declarations page to confirm UM/UIM and collision coverage limits.
- Notify your insurer promptly to preserve your rights under UM/UIM or MedPay benefits.
- Keep detailed records of all medical bills, repair estimates, and correspondence.
- Consult an attorney early to evaluate the at-fault driver’s financial situation before filing suit.
- Consider mediation or arbitration clauses in your policy to resolve UM/UIM disputes under 24-A M.R.S. § 2905 (§ 2905).