Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your specific situation.
Detailed Answer
Under Maine law, you can pursue vehicle damage (property damage) compensation separately from any bodily injury claim. Follow these steps to protect your rights and secure fair payment for repairs or replacement:
- Report the Accident and Obtain Documentation
File a police report if damage exceeds $1,000 or involves injury. Maine requires a written report to the Secretary of State within 72 hours when law enforcement does not file one (29-A M.R.S.§2166). Request a copy of the report for your records. - Notify Your Insurance Company Promptly
Most policies demand immediate notice of all accidents. Call your insurer’s claims department and provide basic facts: date, location, parties involved, and extent of vehicle damage. Ask about deadlines and required forms. - Gather and Preserve Evidence
Take clear photos of all damage angles, skid marks, road conditions, traffic signals, and surrounding area. Collect witness names and contact information. Keep all tow and storage receipts. - Obtain Repair Estimates
Get at least two written repair estimates from licensed Maine auto shops. This helps establish fair market value. If the vehicle is a total loss, secure a written statement of actual cash value from your insurer or an independent appraiser. - File a Property Damage Claim
If another driver was at fault, file a third-party claim with their liability insurer. Submit your estimates, photos, the police report, and any rental car receipts. For your own collision coverage, file directly with your insurer and pay your deductible. - Consider Uninsured/Underinsured Motorist Coverage
Maine mandates uninsured/underinsured motorist property damage (UMPD) coverage by default (24-A M.R.S.§2902). If the at-fault driver lacks adequate coverage, file a UMPD claim with your own insurer up to your policy limit. - Negotiate or Seek Resolution
Insurers often respond with settlement offers. Compare offers against your documented estimates. Negotiate in writing and maintain records of all communications. If you cannot reach an agreement, consider filing a suit. - Pursue Small Claims Court if Necessary
For disputes under $6,000, Maine District Court’s small claims procedure offers a streamlined path (4 M.R.S.§152 and Maine District Court Small Claims). File your complaint, pay the filing fee, and prepare to present evidence before a judge.
Helpful Hints
- Act quickly: Insurers often have strict filing deadlines.
- Keep a detailed log of every call, email, and letter.
- Retain copies of all estimates, invoices, and repair receipts.
- Check your policy’s deductible and coverage limits before authorizing repairs.
- Don’t sign a full release until you receive all promised payments.
- Consider a damage appraisal from an independent adjuster if settlement stalls.
- Remember: this information is educational, not legal advice.